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Mrs. Pooja Abhijit Dhanshetti Vs Mr. Abhijit… — Writ and Judicial Review | Bombay HC (2024)

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Bombay HC
2024
Mrs. Pooja Abhijit Dhanshetti Vs Mr. Abhijit SudhakaMrs. Pooja Abhijit Dhanshetti v. Mr. Abhijit Sudhakar Dhansh

Allowed

Mrs. Pooja Abhijit Dhanshetti v. Mr. Abhijit Sudhakar Dhanshetti

Bombay HC10 May 2024MCA/502/2022

Case brief

AI extract

What is this about?

Applicant, a hearing-impaired woman residing at Sion, sought transfer of her pending marriage petition from Vadgaon Maval Civil Court to Bandra Family Court. The court considered her difficulty traveling 150 km and transferred the petition to Bandra.

What did the court decide?

Transfer of Marriage Petition No.392 of 2022 from Civil Judge Senior Division, Vadgaon Maval to Family Court, Bandra.

What the court decided

AI extract

Outcome

Transfer of Marriage Petition No.392 of 2022 from Civil Judge Senior Division, Vadgaon Maval to Family Court, Bandra.

Issue for consideration

Whether the Marriage Petition should be transferred from Civil Court Vadgaon Maval to Family Court Bandra considering the applicant's residence and hearing impairment?

Detailed headnote1 paragraphs

The court held that the convenience of the wife must be considered when transferring a marriage petition. Given the Applicant's residence at Sion, her hearing impairment, and the excessive distance from Vadgaon Maval, Marriage Petition No.392 of 2022 was transferred to Family Court, Bandra.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

28-MCA-502-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

MISCELLANEOUS CIVIL APPLICATION NO.502 OF 2022

Mrs.Pooja Abhijit Dhanshetti …. Applicant

V/s.

Digitally signed NILAM by NILAM SANTOSH SANTOSHKAMBLE KAMBLE Date: 2024.05.10 18:13:54 +0530

Mr.Abhijit Sudhakar Dhanshetti …. Respondent

Ms.Tina Patel, for the Applicant.

CORAM : SHIVKUMAR DIGE, J. DATE : 10^th MAY 2024

P.C:-

. By this Application, the Applicant is seeking transfer

of Marriage Petition pending before the Civil Judge Senior Division, Vadgaon Maval to Family Court, Bandra.

It is contention of the learned counsel for the Applicant that, the Applicant stays at Sion, Mumbai with her parents. She is hearing impaired. The distance between Vadgaon Maval to Sion is more than 150 km. The Applicant is finding difficult to attend the Court dates at Vadgaon Maval. Hence, requested to allow the Application.

Though Respondent is served and sufficient chances

N.S. Kamble page 1 of 2

28-MCA-502-2022.doc

given to the Respondent to argue the matter, but Respondent is absent. Hence, I am deciding this application on merit.

The Applicant stays with her parents at Sion, Mumbai. She is hearing impaired. The distance between Vadgaon Maval to Sion is more than 150 km. The Applicant has filed D.V. Proceeding against Respondent which is pending before M.M. Court, Bandra. It is settled principle of law convenience of the wife has to be considered while transferring the Petition over the husband.

In view of above, I pass following order.

ORDER

(i) The Marriage Petition No.392 of 2022pending before Civil Judge Senior Division, Vadgaon Maval be transferred to Family Court, Bandra.

(ii) The Application is allowed and disposed of.

(SHIVKUMAR DIGE, J.)

N.S. Kamble page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the Marriage Petition should be transferred from Civil Court Vadgaon Maval to Family Court Bandra considering the applicant's residence and hearing impairment?

Statutes considered

1 provisions across 1 enactments

AI extract

settle principle of law convenience of the wife has to be considered while transferring the Petitionsettle principle of law convenience of the wife has to be considered while transferring the Petition

Parties & counsel

AI extract

applicant
Mrs.Pooja Abhijit Dhanshetti
respondent
Mr.Abhijit Sudhakar Dhanshetti

Coram

AI extract

SHIVKUMAR DIGE

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 10 May 2024 · May
Registered: 9 Dec 2022
Case no.: MCA/502/2022
CNR: HCBM010234752022
Topic: Writ and Judicial Review
Bench: Shivkumar Dige
Disposal: Disposed Off

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Cite this judgement

Mrs. Pooja Abhijit Dhanshetti v. Mr. Abhijit Sudhakar Dhanshetti, MCA/502/2022 (BOM), decided on 10 May 2024.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

settle principle of law convenience of the wife has to be considered while transferring the Petitionsettle principle of law convenience of the wife has to be considered while transferring the Petition

View all statutes

Bench / Coram

SHIVKUMAR DIGE

Parties & counsel