Allowed

Smt. Payal W/O Mithun Kanojiya Maiden Name Ku. Payal D/O Ghanshyam Kanojiya v. Shri. Mithun S/O Prakesh Kanojiya

Bombay HC22 Mar 2024MCA/239/2024

Case brief

AI extract

What is this about?

Wife sought transfer of her husband's restitution of conjugal rights petition from Kalyan to Nagpur, citing a 784 km distance, a 10-month-old child, and no maintenance. Husband was served but unrepresented. The court held the wife's convenience takes precedence and allowed the transfer.

What did the court decide?

Marriage Petition No. 1033/2023 transferred from Kalyan to Court No.2, Family Court at Nagpur; no order as to costs.

Smt. Payal W/O Mithun Kanojiya Maiden Name Ku. Payal… — Matrimonial and Divorce | Bombay HC (2024)

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2024:BHC-NAG:7805

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-1- 19.MCA.239.2024.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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MISC. CIVIL APPLICATION (TR.) NO. 239 OF 2024 Smt. Payal W/o. Mithun Kanojiya Vs.

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Shri Mithun S/o. Prakash Kanojiya

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********************************************************************************************** Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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********************************************************************************************** Mr. J.R. Kidilay, Advocate for the Applicant.

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CORAM : G. A. SANAP, J. DATED : 19th JULY, 2024.

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. Heard learned advocate for the applicant. The non-applicant has been duly served, but he has not appeared.

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This is an application for transfer of Marriage Petition No. 1033/2023, pending on the file of 6^th Joint Civil Judge (Senior Division), Kalyan, Dist. Thane, to Court No.2, Family Court at Nagpur.

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It is stated that the applicant has filed the divorce proceeding against the non-applicant in the Family Court at Nagpur. The non-applicant/husband has filed the petition for restitution of conjugal rights in the Court of Civil Judge (Senior Division), Kalyan. It is the case of the applicant that she has a 10 months male child. The distance between Nagpur and Mumbai is 784 km. She has been residing with her parents at their mercy. The non-applicant is doing business. He has not made any provision for her maintenance. The applicant, with her 10 months child, cannot travel alone. It is submitted that the inconvenience to the applicant is beyond comprehension. It is submitted that, therefore, this proceeding be transferred from

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-2- 19.MCA.239.2024.odt

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Kalyan to Nagpur.

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The non-applicant, though served, has not appeared. The facts stated in the application have gone unchallenged and uncontroverted. Besides, the facts, if considered in totality, would show that there is substance in her contention. There is no dispute as to the distance between Nagpur and Kalyan. The applicant would be required to undertake a train journey to go to Kalyan. It may take 12 to 13 hours. The applicant has no place of residence at Kalyan. She would, therefore, be required to make arrangement of her stay at the hotel. In my view, all these facts cannot be brushed aside. In such a proceeding, the convenience of the wife is required to be given precedence. In the facts and circumstances, I do not see any reason to reject the application. Hence, the following order:

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ORDER

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i] The Application is allowed .

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ii] Marriage Petition No. 1033/2023, pending on the file of 6^th Joint Civil Judge (Senior Division), Kalyan, Dist. Thane, be transferred to Court No.2, Family Court at Nagpur, for decision in accordance with law.

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iii] The Application stands disposed of in the aforesaid terms. No order as to costs.

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(G. A. SANAP, J.)

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Vijay

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Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 23/07/2024 11:38:48

Smt. Payal W/O Mithun Kanojiya Maiden Name Ku. Payal D/O Ghanshyam Kanojiya v. Shri. Mithun S/O Prakesh Kanojiya

Case brief

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What did the court decide?

Smt. Payal W/O Mithun Kanojiya Maiden Name Ku. Payal D/O Ghanshyam Kanojiya v. Shri. Mithun S/O Prakesh Kanojiya

Case brief

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