Handled an application for transfer of a Family Court petition from Nagpur to Jalgaon. Granted the transfer citing the applicant’s distance, unemployment, and potential prejudice from attending distant proceedings.
Transfer of the pending Family Court petition from Nagpur to Jalgaon granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
mca175.24.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
MISC. CIVIL APPLICATION NO. 175 OF 2024
Sau. Kranti w/o Swapnil Katkar .. Applicant versus Shri Swapnil s/o Siddartha Katkar .. Respondent
Mr. S. B. Yawalkar, Advocate for the Applicant. Mr. R. m. Darunde, Advocate for the Respondent.
CORAM : R. M. JOSHI, J. DATE : 14th NOVEMBER, 2024.
PER COURT :
mca175.24.odt
submitted that prejudice and irreparable loss will be caused to her if she is compelled to attend the proceeding before Family Court, Nagpur. Learned counsel for the applicant further submits that no prejudice would be caused to the respondent as in any case he is required to attend the proceeding for restitution of conjugal rights so also criminal case filed by applicant under Section 498A of Indian Penal Code at Jalgaon.
mca175.24.odt
day on which hearing of Petition No. A/1629/2023 is scheduled. It is the responsibility of the applicant/wife to ensure the same.
( R. M. JOSHI) Judge
dyb
1 issue framed by the court
Whether Family Court petition should be transferred from Nagpur to Jalgaon due to applicant’s travel inconvenience and financial hardship.
Sau. Kranti w/o Swapnil Katkar
Shri Swapnil s/o Siddartha Katkar
R. M. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
