Allowed

Shilabai Yuvaraj Alias Dattatray Sarang v. Yuvaraj Alias Dattatray Haribhau Sarang

Bombay HC4 Dec 2023MCA/47/2019

Case brief

AI extract

What is this about?

In this miscellaneous civil application, the Bombay High Court at Aurangabad allowed the applicant's transfer application. The court transferred a pending dissolution of marriage proceeding from Civil Judge, Dhule to Civil Judge, Ahmednagar, citing the applicant's financial inability to travel and her hardship, noting the respondent could travel there.

What did the court decide?

Transfer of Marriage Petition No.449/2018 from Civil Judge, Senior Division, Dhule to Civil Judge, Senior Division, Ahmednagar.

Shilabai Yuvaraj Alias Dattatray Sarang Vs Yuvaraj… — Service and Employment | Bombay HC (2023)

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1 173.MCA-47-2019.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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MISC.CIVIL APPLICATION NO. 47 OF 2019

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SHILABAI YUVARAJ ALIAS DATTATRAY SARANG

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VERSUS

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YUVARAJ ALIAS DATTATRAY HARIBHAU SARANG

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Advocate for Applicant : Mr. Santosh N. Pawade h/f Mr.Bhosle Mahesh K.
Advocate for Respondent : Mr. Raje Vikrant P.

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 CORAM : SHAILESH P. BRAHME, J.
 DATE : 4th DECEMBER 2023.

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Per Court :

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1. Heard the learned Counsel for both the sides.

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2. By way of this application, the applicant is seeking transfer of the proceedings of dissolution of marriage filed before the learned Civil Judge, Senior Division, Dhule to the learned Civil Judge, Senior Division, Ahmednagar.

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3.The learned Counsel for the applicant submits that it is not
possible for the applicant to attend the proceedings by travelling from
Ahmednagar to Dhule. She has ailing parent and she cannot travel
alone.

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4. The learned Counsel for the respondent vehemently opposed the application. He submits that the application is frivolous. The applicant

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2 173.MCA-47-2019.doc

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is able bodied person and is in a position to attend the proceedings at
Dhule. She has suppressed material facts. The conduct of the applicant
was objectionable. No discretion can be exercised in her favour.

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5. I have considered rival submissions. I record following findings.

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(i) It is inconvenient for the applicant to travel and attend the proceedings at Dhule.

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(ii) She has no source of income and she is staying with her parents.

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(iii) Her sufferings and hardship are apparent.

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(iv) There is nothing on record to show that the respondent is unable to attend the proceedings by travelling from Dhule to Ahmednagar.

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(v) The applicant has initiated proceedings at Ahmednagar against the respondent.

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6. A useful reference can be made to the law laid down by the Supreme Court and this Court in the following matters :

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A. Sumita Singh Vs. Kumar Sanjay reported in (2001) 10 SCC 41.

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B. Soma Chaudhury Vs. Gourab Choudhaury reported in (2004) 13 SCC 462.

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C. Vaishali Shridhar Jagtap Vs. Shridhar Vishwanath Jagtap reported in (2016) 14 SCC 356.

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D. Sangamitra Ramakant Royalwar Vs. Ramakant Gangaram Royalwar reported in 2009 (1) Mh.L.J. 303.

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E. Anita Balkrishna Barge Vs. Balkrishna Sopan Barge reported in 2011(1) Mh.L.J. 518.

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173.MCA-47-2019.doc

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F. Mahadevi Gopal Mehetre Vs. Gopal Prabhakar Mehetre reported in 2016(4) All M.R. 599.

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G. Judgment and order dated January 11, 2019 in Misc. Civil Application No.171/2018 in the matter of Pooja Rohan Jadhav Vs. Rohan Ramesh Jadhav.

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H. Judgment and order dated 01 July 2022 in Misc. Civil Application No.46/2020 in the matter of Ashwini Kailas Patil Vs. Shivajirao Anandrao Gaekwar.

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7. For the reasons stated above, I pass following order.

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ORDER

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a. The Miscellaneous Civil Application is allowed.

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b. The proceeding bearing Marriage Petition No.449/2018 pending before the learned Civil Judge, Senior Division, Dhule shall stand transferred to the learned Civil Judge, Senior Division, Ahmednagar.

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c. An endeavour be made to decide the proceedings finally as expeditiously as possible.

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d. The concern court shall transmit the papers immediately.

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e. The parties to appear before the learned Civil Judge, Senior Division, Ahmednagar on 02.01.2024.

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f. All the proceedings pending at a place where the applicant is residing be preferably posted on same date.

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[ SHAILESH P. BRAHME, J.]

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Najee b .

Shilabai Yuvaraj Alias Dattatray Sarang v. Yuvaraj Alias Dattatray Haribhau Sarang

Case brief

What is this about?

What did the court decide?

Shilabai Yuvaraj Alias Dattatray Sarang v. Yuvaraj Alias Dattatray Haribhau Sarang

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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