Allowed

Sou. Vaishali Ashish Chitale v. Shri. Ashish Sharad Chitale

Bombay HC12 Jan 2022MCA/193/2019

Case brief

AI extract

What is this about?

In this civil application, the Bombay High Court considered a request to transfer a pending Hindu Marriage Petition and execution proceedings from Kalyan to Pune. Recognizing the applicant's residence in Pune and the hardship involved in travel, the court allowed the transfer.

What did the court decide?

Transfer of Hind. Marriage Petition No.289 of 2019 and execution proceedings from Ld. Civil Judge, Kalyan to Ld. Family Court, Pune.

Sou. Vaishali Ashish Chitale Vs Shri. Ashish Sharad… — Maintenance and Alimony | Bombay HC (2022)

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29 MCA-193-19.doc

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BDP-SPS-TAC

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BHARAT DASHARATH PANDIT Digitally signedby BHARATDASHARATHPANDIT Date: 2022.01.1312:50:29 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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MISC. CIVIL APPLICATION NO. 193 OF 2019

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SOU. VAISHALI ASHISH CHITALE
V/s

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….Applicant

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SHRI ASHISH SHARAD CHITALE…..Respondent

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Mr. Anand S. Patil for the Applicant.
Mr. Kishor H. Hase for the Respondent.

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CORAM: NITIN W. SAMBRE, J.

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 DATE: JANUARY 12, 2022

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P.C.:-

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1]Prayer for transfer is opposed by the Counsel for Respondent on
the ground that Respondent being a doctor is required to attend his
profession at Kalyan. He has parental duties as his parents are in
advance age. It is further claimed that execution proceedings initiated
for recovery of maintenance are also sought to be transferred to
Kalyan Court.

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2] Considered submissions.

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3]Fact remains that there is order of payment of maintenance
which is not honoured by the non-applicant/husband resulting into
filing of execution proceedings which are pending at Pune and non-
applicant as on date is attending the said proceedings.

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29 MCA-193-19.doc

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4]Apart from above, fact remains that the Applicant is residing at
Pune and if she is made to travel to Kalyan, for want of appropriate
maintenance she will be facing financial so also physical hardship.
That being so, case for transfer is made out.

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5]Application is allowed in terms of prayer clause (a) which reads
as under:-

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“(a)” That this Hon’ble Court may be pleased to pass
an order of transferring the Hindu Marriage Petition
No.289 of 2019 pending on the file of Ld. Civil Judge,
Sr. Division at Kalyan, Dist-Thane to the Ld. Family
Court at Pune on such terms & conditions as this
Hon’ble Court deems fit & proper.”

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(NITIN W. SAMBRE, J. )

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Sou. Vaishali Ashish Chitale v. Shri. Ashish Sharad Chitale

Case brief

What is this about?

What did the court decide?

Sou. Vaishali Ashish Chitale v. Shri. Ashish Sharad Chitale

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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