Allowed

Aanchal Abhijit Kale Nee (Dhanshewari Ramesh Marathi) v. Abhijeet Avinash Kale

Bombay HC6 Jan 2023MCA/45/2021

Case brief

AI extract

What is this about?

This judgment allows a miscellaneous civil application filed by a mother-in-law seeking transfer of a pending Hindu Marriage Petition from the court at Panvel to the court at Bhusawal, considering the distance and inability to travel alone.

What did the court decide?

Transfer of Hindu Marriage Petition No.335 of 2020 from Court at Panvel to Court at Bhusawal.

Aanchal Abhijit Kale Nee (Dhanshewari Ramesh Marathi)… — Matrimonial and Divorce | Bombay HC (2023)

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28-mca-45-2021.doc

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Ghuge

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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MISCELLANEOUS CIVIL APPLICATION NO.45 OF 2021

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Aanchal Abhijit Kale (Nee Dhanshewari
Ramesh Marathe)

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… Applicant

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 V/s.

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Abhijeet Avinash Kale

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… Respondent

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Ms. Nisha G. Dubey for the applicant.

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CORAM:AMIT BORKAR, J.
DATED:JANUARY 6, 2023

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P.C.:

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1. The application is filed by wife for transfer of Hindu
Marriage Petition No.335 of 2020 pending before the learned Civil
Judge Senior Division, Panvel to the learned Civil Judge Senior
Division, Bhusawal.

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2.On 16th February, 2008 marriage between the applicant and
respondent took place. Due to dispute between the parties, the
husband filed Hindu Marriage Petition No.335 of 2020 before the
learned Civil Judge Senior Division, Panvel. The petitioner filed
proceedings under Domestic Violence Act bearing No.DV/06/2021
before Yawal Court, District Jalgaon. This Court by order dated 6th
July, 2021 issued notice to the opponent. The applicant has filed
affidavit of service stating that the notice sent to the opponent
through post has been returned as the opponent has left the
service without instructions.

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3. The applicant has stated on oath that she has served the

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28-mca-45-2021.doc

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respondent through email on 23rd June, 2021. She annexed copy
of email sent to the opponent. Therefore, the said service is treated
as valid service.

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4.On perusal of the application, it appears that the distance
between Yawal, where the applicant is residing and the Panvel is of
443.4 Kms. It takes 9 hours to reach the Court at Panvel. The
applicant is not in a position to travel to the said place alone. She
is residing at Yawal along with her parents.

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5.Taking into consideration the reasons stated in paragraph
Nos.10 and 11 in the application, the Miscellaneous Civil
Application is allowed in terms of prayer clause (B).

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6. No costs.

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(AMIT BORKAR, J.)

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Aanchal Abhijit Kale Nee (Dhanshewari Ramesh Marathi) v. Abhijeet Avinash Kale

Case brief

What is this about?

What did the court decide?

Aanchal Abhijit Kale Nee (Dhanshewari Ramesh Marathi) v. Abhijeet Avinash Kale

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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