Allowed

Mrs. Ruchika(Daksha) Satish Patil v. Satish Prakash Patil

Bombay HC22 Feb 2024MCA/236/2022

Case brief

AI extract

What is this about?

The High Court of Bombay, in a transfer petition, allowed the applicant wife to transfer a pending divorce proceeding from Family Court, Navi Mumbai, to Family Court, Nashik. The court considered her residence in Nashik, distance constraints, and her pending Section 125 CrPC application at Nashik as grounds.

What did the court decide?

Transfer of Marriage Petition No. 581 of 2023 from Family Court, Belapur to Family Court, Nashik.

Mrs. Ruchika(Daksha) Satish Patil Vs Satish Prakash… — Matrimonial and Divorce | Bombay HC (2024)

¶1

18-MCA-236-2022.doc

¶2

Shantanu Dhudum

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶4

CIVIL APPELLATE SIDE JURISDICTION

¶5

MISCELLANEOUS CIVIL APPLICATION NO. 236 OF 2022

¶6

Mrs. Ruchika (Daksha) Satish Patil

¶7

….Applicant

¶8

 Versus

¶9

Satish Prakash Patil….Respondent

¶10

Mr. Sachin S. Padaye, Advocate for the Applicant.

¶11

CORAM : SHIVKUMAR DIGE, J.

¶12

Digitally signed by SHANTANU SHANTANUSHANKARSA SHANKARSADHUDUM DHUDUM Date:2024.02.28 18:18:44 +0530

¶13

DATE : 22nd FEBRUARY, 2024.

¶14

P.C. :

¶15

1. Heard learned counsel for the Applicant.

¶16

2. By this application, Applicant is seeking transfer of divorce

¶17

petition proceeding filed by the Respondent-Husband, which is pending

¶18

before the Family Court, Belapur at Navi Mumbai to Family Court,
Nashik.

¶19

3. It is contention of learned counsel for the Applicant that Applicant stays at Nashik with her old age parents and minor son. The distance between Nashik to Belapur, Navi Mumbai is more than 150km. Applicant is finding difficult to attend the Court’s date at Belapur. Hence, requested to allow the Application.

¶20

4. Though served Respondent, none present for the Respondent.

¶21

Sufficient chances are given to the Respondent to go on with the matter.

¶22

1/2

¶23

Shantanu Dhudum18-MCA-236-2022.doc

¶24

Today also none present for the Respondent hence, I am deciding this
Application on merit.

¶25

5.It is Applicant’s case that Applicant stays at Nashik with her
old age parents and minor son. She is finding difficult to attend the
Court’s dates at Belapur, Navi Mumbai. The distance between Belapur to
Nashik is more than 150 km. Learned counsel further submitted that
Applicant has filed Application under section 125 of Criminal Procedure
Code, which is pending at Nashik. It is settled principle of law that
Court has to consider convenience of wife over the husband
in transfer petition.

¶26

6. In view of above, I pass following order.

¶27

ORDER

¶28

i. Application is allowed.

¶29

ii. The marriage petition No. 581 of 2023, which is pending before the Family Court, Belapur be transferred to Family Court, Nashik.

¶30

iii. Both parties to appear before the Family Court,

¶31

Nashik on 24^th March, 2024.

¶32

7. The Miscellaneous Civil Application is disposed of.

¶33

(SHIVKUMAR DIGE, J.)

¶34

2/2

Mrs. Ruchika(Daksha) Satish Patil v. Satish Prakash Patil

Case brief

What is this about?

What did the court decide?

Mrs. Ruchika(Daksha) Satish Patil v. Satish Prakash Patil

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

Case details

Similar cases

Mrs. Ishwari Thanwarmal Bajaj Vs Reliance General Insurance Company Limited, Mumbai

United India Insurance Company Ltd. Thr. the Divisional Manager Vs Smt. Akshara Rajesh Khade and Ors.

United India Insurance Company Ltd. Thr. the Divisional Manager Vs Smt. Akshara Rajesh Khade and Ors.

Reliance General Insurance Company Ltd., Thane Vs Mr. Akshay Anil Shinde and Ors.

Kotak Mahindra General Insurance Company, Mumbai Vs Tukaram Nathuram Savnekar and Ors.

The New India Assurance Company Limited through Mumbai Legal Hub Vs Smt. Shambhavi Shaunak Kanhav and Anr.