Kimlay, J. allowed an application for transfer of a divorce petition from Family Court, Mumbai to Family Court, Raigad, Alibag, prioritizing the wife's and minor child's convenience over the husband's.
Petition No. A 574 of 2021 stayed pending transfer and transferred to Family Court, Raigad, Alibag, to be effected within four weeks.
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.
2023:BHC-AS:23523
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
MISCELLANEOUS CIVIL APPLICATION NO. 467 OF 2022
Trupti Mangesh Banglekar .. Applicant v/s. Mangesh Krishna Banglekar .. Respondent
Mr. Manoj Kane for the applicant.
Mr. Pramod Pawar for the respondent.
CORAM : KAMAL KHATA, J.
DATED : 18TH AUGUST 2023.
P.C. :
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M.A. No. 109 of 2020 under section 125 of Criminal Procedure Code before the Chief Judicial Magistrate, Alibag for claiming maintenance from respondent for herself and for her son. I am informed by learned counsel for the respondent that the same has been disposed of by an order dated 6th January 2023. On 16th January 2021 the Respondent filed Divorce Petition No. A 574 of 2021 under Section 12(1)(ia) of the Hindu Marriage Act, 1955. On 25th August, 2021 M. A. No. 109 of 2020 was transferred to Family Court Alibag and numbered as E-95/2021.
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be allowed.
1 (2017) 4 SCC 150
2 (2001) 10 SCC 41 : AIR 2002 SC 396
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Sumedh
considering the transfer of a case from one Court to another.
(i) Application is allowed in terms of prayer clauses (a).
(ii) The proceedings and application made in Petition No. A 574 of 2021 pending before Family Court, Mumbai be stayed pending transfer; and be transferred to Family Court, Raigad, Alibag.
(iii) The transfer may be effected within a period of four weeks and upon receipt of the papers and proceedings the Family Court, Raigad, Alibag shall give notice to the parties, preferably within three weeks, to proceed with their respective matters.
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order.
(KAMAL KHATA, J.)
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2 issues framed by the court
Whether a civil petition involving matrimonial disputes should be transferred to another bench based on the convenience of the wife, minor child, and grandparents.
Whether the wife's hardships and travel time to Mumbai justify the transfer of proceedings under Section 24 of CPC.
Colour shows how this judgement treated each authority
Krishna Veni Nagam v. Harish NagamReferred¶19
Krishna Veni Nagam v/s. Harish Nagam (2017) 4 SCC 150 · Who else cites this
Sumita Singh v. Kumar SanjayReferred¶20
Sumita Singh v. Kumar Sanjay (2001) 10 SCC 41 : AIR 2002 SC 396 · Who else cites this
N.C.V. Aishwarya v. A. S. Saravana Karthik ShaReferred¶20
N.C.V. Aishwarya v. A. S. Saravana Karthik Sha 2022 SCC OnLine 1199 · Who else cites this
2 provisions across 2 enactments
Trupti Mangesh Banglekar
Mangesh Krishna Banglekar
Kamal Khata
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
