Allowed

Nisha Yogesh Chitale v. Yogesh Raosaheb Chitale

Bombay HC11 Jan 2024MCA/137/2021

Case brief

AI extract

What is this about?

Coram: Arun R. Pedneker, J. The applicant, who is facing domestic violence and harassment from her husband, filed an application seeking transfer of her maintenance and divorce proceedings from Barshi to Family Court at Latur due to financial constraints and harassment.

What did the court decide?

Transferred Hindu Marriage Petition No.182 of 2020 from Civil Judge, Barshi to Family Court, Latur.

Nisha Yogesh Chitale Vs Yogesh Raosaheb Chitale — Matrimonial and Divorce | Bombay HC (2024)

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( 1 ) mca137.21

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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939 MISC.CIVIL APPLICATION NO. 137 OF 2021

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NISHA YOGESH CHITALE VERSUS

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YOGESH RAOSAHEB CHITALE

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Mr.Avinash A. Phad, Advocate for the applicant.

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CORAM : ARUN R. PEDNEKER, J. DATED : 11.01.2024

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PC :-

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Heard learned Counsel for the applicant. The respondent in the

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matter was served but none has entered appearance.

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The learned Counsel for the petitioner submits that the petitioner has married the respondent in May, 2013 as per the Hindu rites and customs. Thereafter, on account of illtreatment and harassment, the applicant stayed with her parents at Latur. The applicant also initiated proceedings under the provisions of the Protection of Women from Domestic Violence Act in 2020 at Latur, so also proceedings under section 498-A of the Indian Penal Code are initiated at Latur. The applicant submits that the respondent-husband has initiated proceedings under section 13 (1)(i)(a) of the Hindu Marriage Act for

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dissolution of marriage and for divorce at Barshi, Dist. Solapur. The applicant has filed present application seeking transfer of HMP No.182 of 2020 filed before the Civil Judge, Senior Division, Barshi, Dist. Solapur to Family Court at Latur. She submits that she is a housewife staying with her parents and has no source of income; whereas the respondent is working at Police Department and is in a position to conduct the proceedings at Latur.

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In view of the submissions canvassed, the application is allowed

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in terms of prayer clause (A), which is reproduced as under :-

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“Grant this Misc. Civil Application and the proceeding bearing Hindu Marriage Petition No.182 of 2020 pending in the file of Ld. Civil Judge Senior Division, at Barshi Dist. Solapur may kindly be transferred to Family Court at Latur and for that purpose issue necessary orders.”

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The petition stands disposed off.

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snk/2024/JAN24/mca137.21

Nisha Yogesh Chitale v. Yogesh Raosaheb Chitale

Case brief

What is this about?

What did the court decide?

Nisha Yogesh Chitale v. Yogesh Raosaheb Chitale

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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