Allowed

Smt. Sayali Pavan Vaychal @ Sayali Anil Ganbavale v. Pavan Anil Vaychal

Bombay HC13 Jan 2022MCA/156/2021

Case brief

AI extract

What is this about?

An application under Section 24 CPC for transferring custody and restitution of conjugal rights proceedings from Pune to Kolhapur was allowed. The court held the respondent's travel expense offer unreasonable given the distance and the applicant's burden of accompanying a minor daughter. Hardship was found established.

What did the court decide?

Marriage Petition No.659 of 2019 regarding custody and restitution of conjugal rights is ordered to be transferred from Civil Judge, Pune to Civil Judge, Kolhapur.

Smt. Sayali Pavan Vaychal @ Sayali Anil Ganbavale Vs… — Service and Employment | Bombay HC (2022)

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31 MCA-156-21.doc

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BDP-SPS- TAC

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BHARAT DASHARATH PANDIT

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Digitally signedby BHARATDASHARATHPANDIT Date: 2022.01.1416:26:36 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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MISC. CIVIL APPLICATION NO. 156 OF 2021

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Smt. Sayali Pavan Vaychal….Applicant
V/s

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Shri Pavan Anil Vaychal…..Respondent

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Mr. S.R. Ganbavle i/b Ms. Pooja Joshi Deshpande for the Applicant.
Mr. Abhishek Kulkarni for the Respondent.

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CORAM: NITIN W. SAMBRE, J.

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 DATE: JANUARY 13, 2022

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P.C.:-

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1]Heard Mr. Ganbavle, learned Counsel for the Applicant and
Mr. Kulkarni, learned Counsel for the Respondent.

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2]This is an application under Section 24 of the Civil Procedure
Code wherein custody proceedings and restitution of conjugal rights
proceedings are sought to be transferred from the file of learned Civil
Judge, Senior Division, Pune to the file of learned Civil Judge, Senior
Division at Kolhapur.

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3]Parties got married on 8/2/2015 and are blessed with minor son
Shourya aged above four years who is in custody of the present
Applicant-wife. Transfer is sought by the Applicant on the ground
that non-applicant/husband has visitation rights and as such he is
visiting Kolhapur for attending the child. It is further claimed that it is

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31 MCA-156-21.doc

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difficult for her to travel from Kolhapur to Pune to attend the
proceedings, particularly when she is a custodian of a minor son.

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4]The issue of aforesaid hardship narrated by the learned Counsel
for the Applicant is resisted by Mr. Kulkarni, learned Counsel for the
non-applicant on the ground that non-applicant is willing to bear
travel expenses of Rs 4,000/- on each date when Applicant attends the
proceedings at Kolhapur. According to him, non-applicant is residing
with his aged parents and but for non-applicant, there is nobody in the
family to take care of his parents. He claims that non-applicant is
unable to pay more than Rs 4,000/- per month towards travel
expenses as he has other liabilities viz. repayment of housing loan etc.

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5] Considered submissions.

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6]Having noticed that distance between these two places i.e.
Kolhapur and Pune one way is about 350 kilometers and the Applicant
is a custodian of a minor son, the amount, as is offered by the non-
applicant, appears to be unreasonable to meet travel expenses and out
of pocket expenses for the Applicant and her daughter and one
companion. It is rightly pointed out by the learned Counsel for the
Applicant that the non-applicant/husband is visiting the Applicant so
as to have interaction with a minor daughter at Kolhapur.

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7]As such, case of hardship is made out by the Applicant in the
aforesaid backdrop. That being so Marriage Petition for restitution of

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31 MCA-156-21.doc

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conjugal rights and custody of minor child being Marriage Petition
No.659 of 2019 filed by the Respondent before the learned Civil
Judge, Senior Division, Pune are ordered to be transferred to the Court
of learned Civil Judge, Senior Division at Kolhapur.

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8] Application is allowed in the aforesaid terms.

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(NITIN W. SAMBRE, J. )

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Smt. Sayali Pavan Vaychal @ Sayali Anil Ganbavale v. Pavan Anil Vaychal

Case brief

What is this about?

What did the court decide?

Smt. Sayali Pavan Vaychal @ Sayali Anil Ganbavale v. Pavan Anil Vaychal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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