Pranali Swapnil Kamble v. Swapnil Chandrakant Kamble
Case brief
What is this about?
The court transferred proceedings under Section 9 of the Hindu Marriage Act from the Civil Judge, Panvel, to the Civil Judge, Karad. Transfer was ordered to alleviate substantial financial and physical hardship for the applicant, who is the custodian of a child, considering the significant distance between venues.
What did the court decide?
Proceedings filed under Section 9 of the Hindu Marriage Act at Panvel transferred to Civil Judge Senior Division, Karad; DV proceedings and marriage petition to be posted on same day.
What the court decided
42.85.2020 MCA.doc
ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
MISC. CIVIL APPLICATION NO. 85 OF 2020
Pranali Swapnil Kamble ….Applicant
V/s.
Swapnil Chandrakant Kamble …..Respondent
Mr. Vaibhav Gaikwad for the applicant Mr. Viay K. Jha a/w Ansgre Carvalho for Respondent
CORAM : NITIN W. SAMBRE, J.
DATE: JULY 23, 2021.
P.C.:
1] This is an application seeking transfer of proceedings being Hindu Marriage Petition No. 27 of 2020 fled by respondent-husband on the fle of Civil Judge Senior Division, Panvel to Civil Judge Senior Division, Karad.
Issues for consideration
2 issues framed by the court
Whether Section 24 of CPC applies to transfer a pending Hindu Marriage Petition to a location to avoid financial and physical hardship.
Whether the distance between Panvel and Karad constitutes a sufficient cause for transfer to ensure convenience of parties.
Parties & counsel
- applicant
Pranali Swapnil Kamble
- respondent
Swapnil Chandrakant Kamble
Coram
NITIN W. SAMBRE
Case details
As recorded by the court registry
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