The Bombay High Court allowed the application to transfer proceedings from Nagpur Family Court to Kalyan Family Court, holding that distance and lack of financial support constitute valid grounds for hardship.
The application to transfer proceedings from Nagpur Family Court to Kalyan Family Court was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
35.51.22 mca.doc
ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by IRESH IRESH SIDDHARAM SIDDHARAM MASHAL MASHAL Date: 2022.03.21 10:45:21 +0530
CIVIL APPELLATE JURISDICTION
MISC. CIVIL APPLICATION NO. 51 OF 2022
JAYA MITHUN SURYAWANSHI NEE ….APPLICANT GODGHATE
V/s.
MITHUN BARSULAL SURYAWANSHI …..RESPONDENT
Mr. Rahil Jhaveri Advocate for the Applicant
CORAM : NITIN W. SAMBRE, J.
DATE: MARCH 16, 2022.
P.C.:
sought from Family Court, Nagpur to Family Court, Kalyan on the ground of hardship.
fact that applicant is not financially supported by the non-applicant, case of hardship is made out.
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35.51.22 mca.doc
thus:
(a) This Hon’ble Court be pleased to transfer the Petition A No. 1931 of 2019 filed before the Hon’ble Nagpur Family Court (Exhibit A hereto) to the Hon’ble Kalyan Family Court.
[NITIN W. SAMBRE, J.]
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1 issue framed by the court
Whether the transfer of family court proceedings from Nagpur to Kalyan is justified on grounds of financial hardship and inconvenience?
Jaya Mithun Suryawanshi
Mithun Barsulal Suryawanshi
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
