Allowed

Tejaswi Ashish Dhere Alias Tejaswi Yashwant Patil v. Ashish Eshivaji Dher

Bombay HC20 Feb 2024MCA/101/2023

Case brief

AI extract

What is this about?

Wife sought transfer of her husband's divorce petition from Thane to Karad, citing over 300 km distance and her residence at Karad where she had filed domestic violence proceedings. Holding that the wife's convenience prevails in transfer matters, the court allowed the application and transferred the petition.

What did the court decide?

Divorce Petition No.A-531 of 2022 transferred from Family Court, Thane to Civil Judge, Senior Division, Karad; parties to appear there on 18 March 2024.

Tejaswi Ashish Dhere Alias Tejaswi Yashwant Patil Vs Ashish… — Domestic Violence | Bombay HC (2024)

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7-MCA-101-2023.doc

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Shubhada S Kadam

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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MISCELLANEOUS CIVIL APPLICATION NO.101 OF 2023

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Tejaswi Ashish Dhere Alias Tejaswi Yashwant Patil … Applicant

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versus

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Ashish Shivaji Dhere …. Respondent

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Mr. Kalpesh U. Patil, Advocate for the Applicant. Mr. Prashant P. Kulkarni, Advocate for the Respondent.

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CORAM : SHIVKUMAR DIGE, J.

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DATE : 20^th FEBRUARY, 2024.

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P.C. :

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Heard learned counsel for the applicant and learned counsel for the respondent.

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Learned counsel for the applicant submitted that respondenthusband has filed divorce petition against the applicant, which is pending before the Family Court at Thane. It is contention of learned counsel for the applicant that applicant stays with her father at Karad, District- Satara. The distance between Karad and Thane is more than 300 kilometers, the applicant is finding it inconvenient to attend the Court’s dates at Thane. The applicant has filed proceedings under the Domestic Violation Act, which are pending at Karad. The respondent attends the Court’s dates at Karad, hence, requested to allow the application.

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Digitally signed by SHUBHADA SHUBHADA SHANKAR SHANKAR KADAM KADAM Date: 2024.02.21 10:23:14 +0530

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7-MCA-101-2023.doc

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Shubhada S Kadam

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It is contention of learned counsel for the respondent-husband submitted that earlier the applicant was staying with her father at Thane, her permanent address was shown at Thane. The reasons given by the applicant are not sufficient to transfer the proceedings, hence, requested to reject the application.

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I have heard both learned counsel. The applicant stays at Karad with her father. She has filed proceedings under the provisions of Domestic Violence Act before the JMFC at Karad. The respondent attends the said matter. The distance between Karad and Thane is more than 300 kilometers. The applicant is finding it difficult to attend the Court’s dates at Thane. It is settled principle of law that convenience of the wife has to be considered over the husband in case of transfer petition.

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In view of above, I pass following order :

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Application is allowed.

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Petition No.A-531 of 2022 pending before the Family Court at Thane be transferred to Civil Judge, Senior Division, Karad.

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3.Both parties to appear before the Civil Judge, Senior Division, Karad on 18^th March 2024.

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Application stands disposed of.

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(SHIVKUMAR DIGE, J.)

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Tejaswi Ashish Dhere Alias Tejaswi Yashwant Patil v. Ashish Eshivaji Dher

Case brief

What is this about?

What did the court decide?

Tejaswi Ashish Dhere Alias Tejaswi Yashwant Patil v. Ashish Eshivaji Dher

Case brief

What is this about?

What did the court decide?

What the court decided

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