Allowed

Durga @ Navya W/O Nitin @ Purushottam Raut v. Nitin @ Purushottam S/O Sahebrao Raut

Bombay HC2 Aug 2024MCA/405/2024

Case brief

AI extract

What is this about?

Wife sought transfer of matrimonial petition from Family Court, Aurangabad to Amravati, citing no income, non-payment of maintenance and pending 498-A case. Husband did not appear despite notice; averments unchallenged. Court held it a fit case for transfer.

What did the court decide?

Petition No.A/606/2023 transferred from Family Court, Aurangabad to Family Court, Amravati; no order as to costs.

Durga @ Navya W/O Nitin @ Purushottam Raut vs Nitin @… — Matrimonial and Divorce | Bombay HC (2024)

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2024:BHC-NAG:11428

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20 mca tr. 405.24.odt..odt

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

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MISC. CIVIL APPLICATION (TR.) NO.405 OF 2024

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Durga @ Navya w/o Nitin @ Purushottam Raut

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(Vs.)

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Nitin @ Purushottam s/o Sahebrao Raut

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

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Mr. S.B. Gandhe, Advocate for the applicant.

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CORAM : G.A. SANAP, J . DATE : 11.10.2024

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Heard learned Advocate for the applicant. Perused the record and proceedings.

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This is an application for transfer of Petition No.A/606/2023 pending on the file of Family Court, Aurangabad to the Family Court at Amravati.

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Despite service of notice the nonapplicant has not appeared before this Court in this proceeding.

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20 mca tr. 405.24.odt..odt

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2/3

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It is stated that the applicant has no source of income. The non-applicant-husband is doing private job. He has not made any provision for her maintenance. It is stated that the husband is appearing before the Family Court at Amravati in the divorce petition filed by the wife. It is also stated that on the report of the applicant crime has been registered against the husband and his family members under sections 498-A read with Section 34 of the I.P.C. It is submitted that the wife is facing great hardship and inconvenience.

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It is seen that despite service the husband has failed to appear before this Court. The averments made in the application have gone unchallenged and uncontroverted. In view of this I conclude that this is a fit case to grant the application for transfer. Hence, the following order:-

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ORDER

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i) The application is allowed. ii) Petition No.A-/606/2023 pending on the file of Family Court, Aurangabad be transferred to

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20 mca tr. 405.24.odt..odt

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3/3

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Family Court, Amravati. iii) The application stands disposed of in the aforesaid terms. No order as to costs.

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JUDGE

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manisha

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Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 14/10/2024 18:18:08

Durga @ Navya W/O Nitin @ Purushottam Raut v. Nitin @ Purushottam S/O Sahebrao Raut

Case brief

What is this about?

What did the court decide?

Durga @ Navya W/O Nitin @ Purushottam Raut v. Nitin @ Purushottam S/O Sahebrao Raut

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

All orders in this case

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