Allowed

Zeenat Parveen W/O Asif Udiwale v. Aasif S/O Kalu Udiwale

Bombay HC19 Jul 2024MCA/482/2024

Case brief

AI extract

What is this about?

Wife sought transfer of husband's restitution of conjugal rights suit from Washim to Family Court, Amravati, citing her inconvenience and a pending domestic violence proceeding at Amravati where the husband already attends. The court found substance in the application and allowed the transfer without costs.

What did the court decide?

Regular Civil Suit No.162/2023 transferred from Civil Judge SD, Washim to Family Court, Amravati; no order as to costs.

Zeenat Parveen W/O Asif Udiwale vs Aasif S/O Kalu Udiwale — Domestic Violence | Bombay HC (2024)

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24 mca tr. 482.24.odt..odt

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2024:BHC-NAG:11386

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

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MISC. CIVIL APPLICATION (TR.) NO.482 OF 2024

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Zeenat Parveen w/o Asif Udiwale

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(Vs.)

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Aasif s/o Kalu Udiwale

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

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Court's or Judge's orders.

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and Registrar's Orders.

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Mr. Sumit 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.

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This is an application for transfer of Regular Civil Suit No.162/2023 pending on the file of Civil Judge, Senior Division, Washim to the Family Court at Amravati.

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Despite service the non-applicant has not appeared before this Court.

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It is stated that the wife has already filed the proceeding under Protection of Women from Domestic Violence Act, 2005, against the nonapplicant in the Court of Chief Judicial Magistrate, Amravati. The non-applicant is appearing in the

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24 mca tr. 482.24.odt..odt

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2/2

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said proceeding. The non-applicant has filed the civil suit seeking decree of restitution of conjugal rights. It is stated that the wife is facing difficulties and inconvenience in attending the Court at Washim. It is submitted that the non-applicant is attending the Court at Amravati.

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On going through the application I am satisfied that there is substance in the application. There is no reason to discard and disbelieve the statement made in the application. As such the case is made out for transfer. Hence, the following order:-

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ORDER

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i) The application is allowed. ii) Regular Civil Suit No.162/2023 pending on the file of Civil Judge, Senior Division Washim be transferred to the Family Court at Amravati.

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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 11:16:52

Zeenat Parveen W/O Asif Udiwale v. Aasif S/O Kalu Udiwale

Case brief

What is this about?

What did the court decide?

Zeenat Parveen W/O Asif Udiwale v. Aasif S/O Kalu Udiwale

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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