Allowed

Sou. Puja Somnath Markad v. Shri. Somnath Namdev Markad

Bombay HC5 Jan 2022MCA/59/2019

Case brief

AI extract

What is this about?

Court dismissed DV Act proceedings against certain non-applicant numbers as withdrawn. The application for transferring HMP proceedings from Family Court Pune to Solapur was allowed considering the distance and hardship to the applicant, with respondent absent.

What did the court decide?

Application for transfer of proceedings from Family Court Pune to Solapur allowed. DV Act proceedings against non-applicants dismissed as withdrawn.

Sou. Puja Somnath Markad Vs Shri. Somnath Namdev Markad — Service and Employment | Bombay HC (2022)

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(903)-MCA-59-19.doc .

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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Digitally signed by BALAJI BALAJIGOVINDRAO GOVINDRAOPANCHAL PANCHAL Date: 2022.01.05 14:53:13 +0530

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MISC. CIVIL APPLICATION NO.59 OF 2019

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Sou. Puja Somnath Marakad ..Applicant
Versus
Shri. Somnath Namdev Markad ..Respondent

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Mr. Sachinkumar P. Rajepandhare, for the Applicant.

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CORAM : NITIN W. SAMBRE, J.

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 DATE : 5th JANUARY, 2022

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P.C.

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1. Heard.

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2. Though served none appears for the respondent.

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3. Applicant has initiated proceedings under the Protection
of Women from Domestic Violence Act, 2005 (“DV Act” for short)
bearing MA No.301 of 2017. The prayer is made by the applicant
for transfer of HMP No.1608 of 2018 initiated by the respondent
pending on the file of Family Court, Pune to Family Court, Solapur.

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4. In response to the Court’s query, counsel for the
applicant/wife on instructions informs that the non-applicant Nos.2
to 5 namely, Shri. Namdev Bajirao Markad, Sou. Shobha Namdev
Markad, Laxman Namdev Markad and Ram Namdev Markad be

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BGP. 1 o f 2

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(903)-MCA-59-19.doc .

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permitted to be deleted from the cause title of the DV Act
proceedings.

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5. In view of above, DV Act proceeding stands dismissed as
withdrawn against non-applicant Nos.2 to 5.

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6. The consequential order shall be passed by the Court of
Judicial Magistrate First Class, Solapur in the said proceedings. As
such, applicant undertakes to produce copy of this order before the
said Court.

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7. As far as the prayer for transfer is concerned, the
contentions in the application are not controverted by the
respondent, as the respondent has chosen not to appear in the
matter. Apart from above, considering the distance between
Solapur and Pune, the hardship which is likely to be suffered by the
applicant/wife, the application, in my opinion, needs to be granted
in terms of prayer clause (A).

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8. The application as such stands allowed.

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[NITIN W. SAMBRE, J.]

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2 o f 2

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BGP.

Sou. Puja Somnath Markad v. Shri. Somnath Namdev Markad

Case brief

What is this about?

What did the court decide?

Sou. Puja Somnath Markad v. Shri. Somnath Namdev Markad

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

Case details

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