Allowed

Anita Alias Anuradha Ambadas Alias Amol Waghmare v. Ambadas Alias Amol Laxman Waghmare

Bombay HC12 Jan 2024MCA/120/2021

Case brief

AI extract

What is this about?

The court allowed an application to transfer a Hindu Marriage Petition from Ambajogai to Bhoom Osmanabad. This was done to consolidate it with ongoing Domestic Violence proceedings at Bhoom, ensuring the husband could appear in both forums.

What did the court decide?

Order to transfer Hindu Marriage Petition No. 44 of 2018 from Civil Judge Ambajogai to Civil Judge Bhoom.

Anita Alias Anuradha Ambadas Alias Amol Waghmare Vs… — Matrimonial and Divorce | Bombay HC (2024)

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2024:BHC-AUG:1199

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120.21MCA

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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946 MISC.CIVIL APPLICATION NO.120 OF 2021

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ANITA @ ANURADHA AMBADAS @ AMOL WAGHMARE VERSUS

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AMBADAS @ AMOL LAXMAN WAGHMARE

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Advocate for the applicant : Adv.Sayali Tekale h/f. Adv.N.S.Tekale Advocate for Respondent : Adv.N.P.Badale h/f. Adv.S.G.Kawade

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CORAM :ARUN R. PEDNEKER, J.
DATE :12.01.2024

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P.C. :

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1]The present Application is filed by the applicant

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– wife seeking transfer of the Hindu Marriage Petition No.

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44 of 2018 from Civil Judge Senior Division, Ambajogai,
District Beed to the Civil Judge Senior Division, Bhoom,
District Osmanabad.

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2]The learned counsel for the applicant submits
that the marriage between the applicant and the respondent

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was solemnized in the year 2015. Due to certain disputes,
the parties were legally separated within six months. The

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120.21MCA

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domestic violence proceedings are initiated by the applicant
– wife against the respondent – husband at Bhoom and the
respondent - husband is attending the said proceedings
every date in Bhoom. The learned counsel for the applicant
further submits that the applicant has no source of income.
Considering the said facts, the present application may be
allowed.

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3]Per contra, the learned counsel for the
respondent - husband submits that the distance between
Bhoom to Ambejogai is 90 kilo meters. The applicant is
educated lady and she is conversant with the traveling. The
learned counsel for the respondent submits that the
responding is working as a Labourer at Mumbai.

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4]Taking into consideration totality of the
circumstances and the submissions made by the learned
counsel for the applicant, that both proceedings i.e. Hindu
Marriage Petition No.44 of 2018 and the Domestic Violence
proceedings can be heard on the same dates and that the
respondent husband is already attending the D.V.

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120.21MCA

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proceedings at Bhoom, it would be more appropriate that
the Hindu Marriage Petition No. 44 of 2018 be transferred
to Bhoom and both the proceedings i.e. D.V. proceedings
and Hindu Marriage Petition be taken for hearing as far as
possible on the same dates so as to enable the respondent –
husband to appear in both the aforesaid proceedings.

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5]In view of the above, the present Misc. Civil
Application is allowed in terms of prayer clause-B, which
reads as under :

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B)By way of appropriate order or directions in the
like nature, the Hon’ble Court may be pleased
to transfer the proceeding bearing Hindu
Marriage Petition No. 44/2018 pending before
Ld. Civil Judge Senior Division, Ambajogai, Dist.
Beed to the Ld. Civil Judge Senior Division,
Bhoom, Dist. Osmanabad.

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6]The Misc. Civil Application is disposed of
accordingly.

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[ARUN R. PEDNEKER] JUDGE

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DDC

Anita Alias Anuradha Ambadas Alias Amol Waghmare v. Ambadas Alias Amol Laxman Waghmare

Case brief

What is this about?

What did the court decide?

Anita Alias Anuradha Ambadas Alias Amol Waghmare v. Ambadas Alias Amol Laxman Waghmare

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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