Allowed

Mrs Smita Mahesh Patil @ Smita Sambhaji Deshmukh v. Mr Mahesh Shivaji Patil

Bombay HC8 May 2024MCA/107/2024

Case brief

AI extract

What is this about?

Wife sought transfer of a Restitution of Conjugal Rights petition from Civil Judge (SD), Kalyan to Family Court, Sangli, citing distance over 400 km and her circumstances with minor daughter and aged parents. The court held the wife's convenience prevails and allowed the transfer.

What did the court decide?

Marriage Petition No.568/2023 transferred from Civil Judge SD, Kalyan to Family Court, Sangli; miscellaneous civil application disposed of.

Mrs Smita Mahesh Patil @ Smita Sambhaji Deshmukh Vs… — Matrimonial and Divorce | Bombay HC (2024)

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12-MCA-107-2024.doc

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Shantanu Dhudum

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION

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Digitally signed bySHANTANU SHANTANUSHANKARSA SHANKARSADHUDUM DHUDUM Date: 2024.05.10 09:14:28 +0530

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MISCELLANEOUS CIVIL APPLICATION NO. 107 OF 2024

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Mrs Smita Mahesh Patil @ Smita Sambhaji Deshmukh ...Applicant Versus Mr Mahesh Shivaji Patil ...Respondent

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Mr. Om Latpate i/b Mr. Kuldeep Nikam, Advocate for the Applicant. Ms. Sakshi S. Kadam i/b Mr. Kedar J. Patil, Advocate for the Respondent.

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CORAM : SHIVKUMAR DIGE, J.

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DATE : 8^th MAY, 2024.

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P.C. :

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By this application, Applicant is seeking of transfer of

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Restitution of Conjugal Right Petition pending before the Civil Judge, Senior Division, Kalyan to Family Court, Sangli.

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It is contention of learned counsel for the Applicant that Applicant stays at Sangli with her minor daughter and old age parents. Applicant is doing temporary job at Sangli. The distance between Sangli to Kalyan is more than 400 km. Applicant is finding difficult to attend the Court’s date at Kalyan. Hence, requested to

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12-MCA-107-2024.doc

Shantanu Dhudum

allow the Application.

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Learned counsel for the Respondent submits that Respondent is suffering from blood pressure. Respondent is ready to pay travel expenses to the Applicant. Learned counsel further submitted that Respondent stays with old age mother and son. Hence, requested to reject the Application.

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I have heard both learned counsel.

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Applicant stays with her minor daughter and old age parents at Sangli. She does temporary work at Sangli. The distance is between Sangli to Kalyan is more than 400 km. It is settled principle of law that convenience of the wife has to be considered over the

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husband in case of transfer petition and, I pass following order:

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ORDER

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i. Application is allowed.

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ii. The Marriage Petition No.568 of 2023 pending before the Civil Judge, Senior Division, Kalyan be transferred to Family Court, Sangli.

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. The Miscellaneous Civil Application stands disposed

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(SHIVKUMAR DIGE, J.)

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Mrs Smita Mahesh Patil @ Smita Sambhaji Deshmukh v. Mr Mahesh Shivaji Patil

Case brief

What is this about?

What did the court decide?

Mrs Smita Mahesh Patil @ Smita Sambhaji Deshmukh v. Mr Mahesh Shivaji Patil

Case brief

What is this about?

What did the court decide?

What the court decided

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