Allowed

Payal Pandurang Patil Before Marriage Payal Ramchandra Jadhav v. Pandurang Prabhakar Patil

Bombay HC21 Jun 2024MCA/109/2024

Case brief

AI extract

What is this about?

Wife sought transfer of husband's marriage petition from Family Court, Sangli to Palghar, citing hardship of caring for two minor children and distance. Court found grounds cogent and allowed the transfer application.

What did the court decide?

Marriage Petition A No.14 of 2023 transferred from Family Court, Sangli to Civil Judge Senior Division, Palghar in terms of prayer clause (a).

Payal Pandurang Patil Before Marriage Payal… — Matrimonial and Divorce | Bombay HC (2024)

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917.mca.109.24.doc

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Ajay

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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MISC. CIVIL APPLICATION NO. 109 OF 2024

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Payal Pandurang Patil Applicant (Orig. (Before Marriage - Payal Ramchandra Jadhav_ .. Opponent) Versus Pandurang Prabhakar Patil Respondent (Orig. .. Applicant)

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Ms. Jui B. Gharat a/w. Mr. Prajakt M. Arjunwadkar, Advocates for Applicant.

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Mr. Rahul Khot, Advocate for Respondent.

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CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 04, 2024.

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P.C.:

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1. Heard Ms. Gharat, learned Advocate for Applicant and Mr. Khot, learned Advocate for Respondent.

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2. Present Misc. Civil Application (for short “ MCA ”) is filed by the Applicant – wife seeking transfer of Marriage Petition A No.14 of 2023 filed by Respondent – husband before the Family Court, Sangli to the Court of Civil Judge Senior Division, Palghar, District Palghar.

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3. Though the marriage between the parties was solemnized on 21.06.2005, it is seen that Applicant – wife needs and requires to support and provide care for her two minor children 16 year old daughter and 8 year old son. Applicant is residing with her parents in Boisar.

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917.mca.109.24.doc

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4. Apart from proximity of distance between the two destinations, grounds of hardship enumerated by the Applicant in paragraph No.3 of the MCA are clearly evident and make out a case for allowing transfer of the Marriage Petition filed by Respondent – husband in the Court of Civil Judge Senior Division, Palghar. I have perused the same. In view of the said grounds, there can be no impediment in allowing the present transfer. All grounds made out by Applicant are cogent grounds and deserve to be considered.

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5. PER CONTRA, Mr. Khot, learned Advocate for Respondent – husband would submit and persuades the Court to direct the parties to go for mediation. However, he would submit that several attempts have been made in the past, but to no avail. He would draw my attention to the averments made in the MCA which are of such a serious nature that even if the dispute is referred to Mediation it would fail.

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6. In that view of the matter, I am inclined to accept the submissions made by the Advocate for Applicant. MCA therefore stands allowed in terms of prayer clause ‘a’ which reads thus:-

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“(a) This Hon’ble Court may be pleased to allow present Misc. Application and be further please to transfer proceedings of Petition/A/No. 14 of 2023 from the file of Ld. Judge Family Court Sangli to Ld. C.J.S.D., Palghar.”

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917.mca.109.24.doc

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7. With the above observations, MCA therefore is allowed and

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disposed.

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[ MILIND N. JADHAV, J. ]

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Ajay

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Digitally signed AJAYTRAMBAK by AJAYTRAMBAKUGALMUGALE UGALMUGALE Date: 2024.09.05 15:40:58 +0530

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Payal Pandurang Patil Before Marriage Payal Ramchandra Jadhav v. Pandurang Prabhakar Patil

Case brief

What is this about?

What did the court decide?

Payal Pandurang Patil Before Marriage Payal Ramchandra Jadhav v. Pandurang Prabhakar Patil

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

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