Allowed

Manisha Talgeri Mulgaon, Nee- Manisha Sharad Talgeri v. Mithil Subhash Mulgaonkar

Bombay HC3 Mar 2023MCA/121/2022

Case brief

AI extract

What is this about?

The High Court granted the applicants prayer to transfer the pending marriage petition from Family Court, Bandra to Family Court, Thane. The court considered the wife's residence in Thane and her caregiving responsibilities.

What did the court decide?

The miscellaneous civil application is allowed in terms of the prayer clause to transfer the proceedings to Thane.

Manisha Talgeri Mulgaon, Nee- Manisha Sharad Talgeri… — Matrimonial and Divorce | Bombay HC (2023)

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71-mca-121-2022.doc

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AGK

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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MISCELLANEOUS CIVIL APPLICATION NO.121 OF 2022

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Digitally signed byATUL ATULGANESH GANESHKULKARNI KULKARNI Date: 2023.03.04 13:12:59 +0530

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Manisha Talgeri Mulgaon
Nee- Manisha Sharad Talgeri … Applicant
V/s.
Mithil Subhash Mulgaonkar… Respondent

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Mr. Sagar A. Joshi for the applicant.

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Mr. Dakshesh Vyas with Mr. Durgaprasad Sabnis and
Ms. Ankita Rathod i/by Lex Firmus for the respondent.

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CORAM :AMIT BORKAR, J.

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DATED:MARCH 3, 2023

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P.C.:

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1.The applicant/wife has filed this miscellaneous civil
application seeking transfer of Marriage Petition No.A-624 of 2018
pending before Family Court, Bandra, Mumbai to Family Court,
Thane.

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2.The marriage between applicant and respondent took place
on 24th December 2012. Due to matrimonial differences, both are
residing separately. The respondent, therefore, filed Marriage
Petition No.A-624 of 2018 before Family Court, Bandra, Mujmbai
under Section 13(1)(ia) and (ib) and 26 of the Hindu Marriage
Act, 1955.

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3. Learned advocate for the respondent on notice being issued

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71-mca-121-2022.doc

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by this Court appears and objects for transfer of proceedings.
According to him, considering the distance between Thane and
Bandra, it is not inconvenient for the wife to attend the
proceedings.

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4.The applicant has stated that she is residing at Ghodbunder
Road, Thane with her father. Therefore, it is inconvenient for her
to attend the Court at Bandra. She needs to take care of her ailing
father who is suffering from knee pain and asthama. She also has
to take care of her eight years child.

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5.Considering the above reasons and considering the distance
between Bandra, Mumbai and Thane, in my opinion, it would not
be inconvenient for the husband to transfer the proceedings to
Thane.

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6.For the reasons stated above, the miscellaneous civil
application is allowed in terms of prayer clause (a). No costs.

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(AMIT BORKAR, J.)

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Manisha Talgeri Mulgaon, Nee- Manisha Sharad Talgeri v. Mithil Subhash Mulgaonkar

Case brief

What is this about?

What did the court decide?

Manisha Talgeri Mulgaon, Nee- Manisha Sharad Talgeri v. Mithil Subhash Mulgaonkar

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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