Allowed

Megha Prasad Mandhare v. Prasad Govind Mandhare

Bombay HC4 Sept 2024MCA/121/2024

Case brief

AI extract

What is this about?

Wife sought transfer of husband's marriage petition from Family Court, Satara to Civil Judge Senior Division, Khed citing distance and hardship. Court held convenience of wife paramount and allowed transfer under Section 24 CPC.

What did the court decide?

Marriage Petition No. A-03/2024 transferred from Family Court, Satara to Civil Judge Senior Division, Khed, Dist. Ratnagiri.

Megha Prasad Mandhare Vs Prasad Govind Mandhare — Matrimonial and Divorce | Bombay HC (2024)

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919.mca.121.24.doc

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Ajay

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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MISC. CIVIL APPLICATION NO. 121 OF 2024

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Megha Prasad Mandhare .. Applicant Versus Prasad Govind Mandhare .. Respondent

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Mr. Mohit P. Dalvi a/w. Mr. Pritesh R. Kadam, Advocates for Applicant.

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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 Mr. Dalvi, learned Advocate for Applicant.

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2. Service has been effected and Respondent is duly served,

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however none appears for Respondent. The hearing of the Misc. Civil Application (for short “ MCA ”) cannot be protracted any further. Hence, MCA is taken up for hearing.

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3. Present MCA seeks transfer of the Marriage Petition No.A-03 of 2024 filed by the Respondent – husband pending before the Family Court, Satara to the Court of Civil Judge Senior Division, Khed, District Ratnagiri. Applicant is residing in Dapoli alongwith her parents and family members.

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4. Apart from the proximity of distance between the two destinations, grounds of hardship enumerated by the Applicant in

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919.mca.121.24.doc

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paragraph No.4 of the MCA are clearly evident and make out a case for allowing transfer of the Marriage Petition filed by Respondent in the Family Court, Satara. I have perused the same and see no reason as to why the said MCA should not be allowed as convenience of the Applicant – wife is of paramount consideration.

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5. Under the provisions of Section 24 of the Code of Civil Procedure, 1908, MCA therefore stands allowed in terms of prayer clause ‘a’ which reads thus:-

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“a. That this Hon’ble Court may be pleased to transfer Petition No. A-03/2024 pending before the Family court to the court of Civil Judge, Senior Division at Khed, Dist. Ratnagiri.”

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6. With the above observations, MCA is allowed and disposed.

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[ MILIND N. JADHAV, J. ]

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Ajay

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Digitally signed AJAYTRAMBAKUGALMUGALE by AJAYTRAMBAKUGALMUGALEDate: 2024.09.05 15:43:48 +0530

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Megha Prasad Mandhare v. Prasad Govind Mandhare

Case brief

What is this about?

What did the court decide?

Megha Prasad Mandhare v. Prasad Govind Mandhare

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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