Allowed

Mrs. Sheetal Nikhil Ptil v. Mr. Nikhil Bhagwat Patil

Bombay HC2 Mar 2022MCA/32/2022

Case brief

AI extract

What is this about?

The High Court of Bombay transferred a marriage petition for judicial separation from Satara to Shahada. The court held that transferring the case would avoid hardship as the husband was already involved in pending proceedings at Shahada and the travel distance was excessive.

What did the court decide?

The marriage petition was transferred from the Court of Civil Judge Senior Division, Satara, to the Court of CJSD at Shahada.

Mrs. Sheetal Nikhil Ptil Vs Mr. Nikhil Bhagwat Patil — Matrimonial and Divorce | Bombay HC (2022)

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Digitally signed by IRESH SIDDHARAM MASHAL Date: 2022.03.03 11:21:35 +0530

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IRESH SIDDHARAM MASHAL

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914.32.22 mca.doc

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ISM

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 32 OF 2022

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MRS. SHEETAL NIKHIL PTIL

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….APPLICANT

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V/s.

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MR. NIKHIL BHAGWAT PATIL …..RESPONDENT

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Mr. Abhijeet A. Joshi a/w Varsha Sawant, Swapnil Jadhav Advocate for the Applicant

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Mr. Nitesh J. Mohite for Respondent

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CORAM : NITIN W. SAMBRE, J. DATE: MARCH 2, 2022.

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P.C.:

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1. Heard learned counsel for the Applicant.

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1. After marriage on 04/05/2016, parties due to matrimonial

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discord, parted their ways. Applicant-wife initiated proceedings under Protection of Women from Domestic Violence Act at Shahada and started to pursue her further studies.

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1. Apart from above, Applicant has initiated criminal prosecution

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for offence punishable under Section 498(A) of Indian Penal Code which is also pending at Shahada Police Station.

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914.32.22 mca.doc

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Non-Applicant has initiated proceedings under Section 13(i) (ia) of Hindu Marriage Act for judicial separation in the Court of Civil Judge Senior Division, Satara of which transfer is sought on the ground of inconvenience and hardship as Applicant for attending said proceedings will be required to travel around 500 Kms one way.

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The fact remains that non-Applicant husband is already appearing in the proceedings at Shahada which are initiated by Applicant-wife under Domestic Violence Act.

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1. Apart from above, Applicant, if made to travel, she will suffer hardship as travel distance is of two days.

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1. That being so, ground of hardship is established.

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1. Application is allowed in terms of prayer clause (a) which reads

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thus:

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“(a) This Hon’ble court be pleased to Transfer the said Marriage Petition No. 550/2021 pending before the 2^nd Joint Civil Judge Senior Division, Satara to the Court of CJSD at Shahada.”

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[NITIN W. SAMBRE, J.]

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Mrs. Sheetal Nikhil Ptil v. Mr. Nikhil Bhagwat Patil

Case brief

What is this about?

What did the court decide?

Mrs. Sheetal Nikhil Ptil v. Mr. Nikhil Bhagwat Patil

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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