Allowed

Dipali Gajanan Dhumal v. Gajanan Dhondiba Dhumal

Bombay HC11 Mar 2024MCA/306/2023

Case brief

AI extract

What is this about?

In this application, the High Court allowed the transfer of a divorce petition pending in the Civil Court, Panvel, to the Family Court, Pune, citing the wife's employment and residence there. The respondent was permitted to seek video conferencing appearance at the new forum.

What did the court decide?

Application allowed; marriage petition transferred to Family Court, Pune; respondent permitted to apply for video conferencing.

Dipali Gajanan Dhumal Vs Gajanan Dhondiba Dhumal — Matrimonial and Divorce | Bombay HC (2024)

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11-MCA-306-2023.doc

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Shantanu Dhudum

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE SIDE JURISDICTION

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MISCELLANEOUS CIVIL APPLICATION NO. 306 OF 2023

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Dipali Gajanan Dhumal….Applicant
 Versus

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Gajanan Dhondiba Dhumal….Respondent

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Digitally signed by SHANTANU SHANTANU SHANKARSA SHANKARSA DHUDUM DHUDUM Date: 2024.03.13 10:31:07 +0530

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Ms. Mrunmayi Khambete i/b Mr. Vilas B. Tapkir, Advocate for the
Applicant.

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Mr. Rishikesh A. Mohite, Advocate for the Respondent.

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CORAM : SHIVKUMAR DIGE, J.

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DATE : 11th MARCH, 2024.

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P.C. :

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1.By this application, Applicant is seeking transfer of divorce
petition filed by the Respondent, which is pending before the Civil
Judge, Senior Division, Panvel to Family Court, Pune.

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2.It is contention of learned counsel for the Applicant that
Applicant is working in private school at Pune. She stays there with
her daughter. She is finding difficult to attend the Court’s date at
Panvel. Hence, requested to allow the Application.

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3.It is contention of learned counsel for the Respondent that

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Shantanu Dhudum11-MCA-306-2023.doc

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there is injury to the ligament of knee of the Respondent. Doctor has
advised the Respondent to take bed rest. Respondent is not in position
to travel from one place to another place. Learned counsel further
submitted that Respondent is not doing any job. He is dependent on
income of his parents. Learned counsel further submitted that if this
Court inclined to allow the Application, the Respondent be permitted
to appear through video conferencing.

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4.I have heard both learned counsel. Applicant stays with her
daughter at Pune. She is working in private school. Applicant is
finding difficult to attend the Court’s date at Panvel. It is settled
principle of law that while considering the transfer petition
convenience of the wife has to be considered over the husband.

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

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ORDER

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i. Application is allowed.

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ii. The marriage petition No. 537 of 2023 which is
pending before the Civil Judge, Senior Division,
Panvel be transferred to Family Court, Pune.

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iii. The Respondent can file the application for
appearance through video conferencing before the

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11-MCA-306-2023.doc

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Shantanu Dhudum

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concerned Court. The concerned Court shall decide

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the said application on its own merit.

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iv. Both parties to appear before the Family Court, Pune

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on 15th April, 2024.

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6. Miscellaneous Civil Application stands disposed of.

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(SHIVKUMAR DIGE, J.)

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Dipali Gajanan Dhumal v. Gajanan Dhondiba Dhumal

Case brief

What is this about?

What did the court decide?

Dipali Gajanan Dhumal v. Gajanan Dhondiba Dhumal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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