Allowed

Ketkee W/O Bharat Pathak v. Bharat S/O Ramanand Pathak

Bombay HC12 Apr 2024MCA/327/2024

Case brief

AI extract

What is this about?

Wife sought transfer of husband's divorce petition from Family Court No.2, Pune to Nagpur, citing care of a seven-year-old daughter, distance and inconvenience. With no reply filed and averments unchallenged, court held wife's convenience must take precedence and transferred the petition to Nagpur.

What did the court decide?

Petition-A No.140/2024 pending before Family Court No.2, Pune, transferred to the Family Court at Nagpur.

Ketkee W/O Bharat Pathak vs Bharat S/O Ramanand Pathak — Matrimonial and Divorce | Bombay HC (2024)

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-1- 25.MCA.327.2024.odt

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2024:BHC-NAG:7868

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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. 327 OF 2024 Ketkee W/o. Bharat Pathak

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Vs.

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Bharat S/o. Ramanand Pathak

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

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and Registrar's orders

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********************************************************************************************** Ms. Aarti Singh, 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 is duly served. He has failed to appear before this Court despite granting sufficient time.

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This is an application for transfer of Petition-A No.140/2024, pending before Family Court No.2, Pune, to the Family Court at Nagpur.

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It is stated that the applicant is a doctor. She has a seven-year-old daughter. The non-applicant is doing service at Pune. She has been driven out of the matrimonial home. On her report, the FIR has been registered at Chandrapur Police Station against the non-applicant. The non-applicant/husband has filed the petition for divorce in the Family Court at Pune. It is stated that the applicant has taken shelter with her parents at Nagpur. She has to maintain and look after her daughter. She is finding it very difficult to travel from Nagpur to Pune, which is 719 km. away from Nagpur. The non-applicant has no other responsibility. On every count, she would be facing difficulties

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-2- 25.MCA.327.2024.odt

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and inconvenience to attend the court at Pune. It is, therefore, submitted that the said proceeding be transferred to Nagpur.

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Since the non-applicant has not filed the reply, the averments made in the application have gone unchallenged and uncontroverted. The applicant has a seven-year-old daughter. The maintenance of the daughter is the responsibility of the applicant. In her absence, there is nobody in the family to look after her daughter. It is evident on perusal of the facts stated in the application that while attending the proceeding at Pune Court, the applicant would be put to great amount of inconvenience. In such a proceeding, the convenience of the wife is required to be given precedence. The grounds stated in the application are sufficient to accept her contention. Hence, the following order:

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ORDER

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i] The Application is allowed .

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ii] Petition-A No.140/2024, pending before Family Court No.2, Pune, be transferred to the Family Court at Nagpur.

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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 19:03:21

Ketkee W/O Bharat Pathak v. Bharat S/O Ramanand Pathak

Case brief

What is this about?

What did the court decide?

Ketkee W/O Bharat Pathak v. Bharat S/O Ramanand Pathak

Case brief

What is this about?

What did the court decide?

What the court decided

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