Allowed

Apurva W/O Salil Gurkari @ Apurva Babanraoji Karawadakar v. Salil S/O Dhanraj Gurkari

Bombay HC19 Jul 2024MCA/550/2024

Case brief

AI extract

What is this about?

Wife sought transfer of a restitution of conjugal rights petition from Saoner to Nagpur, citing threats and pending proceedings there against the husband. The husband did not appear despite service. Finding the unchallenged statements credible, the court transferred the marriage petition to the Family Court, Nagpur.

What did the court decide?

Marriage Petition No.20/2024 transferred from Civil Judge Senior Division, Saoner to the Family Court, Nagpur; no order as to costs.

Apurva W/O Salil Gurkari @ Apurva Babanraoji… — Matrimonial and Divorce | Bombay HC (2024)

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2024:BHC-NAG:11292

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23 mca tr. 550.24.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.550 OF 2024

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Apurva w/o Salil Gurkari (Vs.)

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Salil s/o Dhanraj Gurkari

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

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and Registrar's Orders.

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Ms Kirti Satpute, Advocate for the applicant.

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CORAM : G.A. SANAP, J . DATE : 04.10.2024

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Heard learned Advocate for the applicant.

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This is an application for transfer of Marriage Petition No.20/2024 pending on the file of learned Civil Judge, Senior Division, Saoner Dist. Nagpur to the Family Court, Nagpur

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It is stated that the applicant is residing at Nagpur and working in Beauty Parlour. The D.V. Act proceeding as well as criminal case filed under Section 498-A of the Indian Penal Code on report of the applicant are pending against the non-applicant in the Courts at Nagpur. It is stated that the nonapplicant has been extending threats to her by

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23 mca tr. 550.24.odt..odt

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sending goons. The non-applicant has been extending threats of dire consequences to her. It is submitted that in this situation, it is not safe for the applicant to go to Saoner for attending the said proceedings.

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The non-applicant despite service failed to appear before this Court and file the reply.

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The statements made in the application have gone unchallenged and uncontroverted. The non-applicant, in any case, would be required to attend the Courts at Nagpur, where two proceedings are pending against him. The proceeding filed by the non-applicant is for restitution of conjugal rights.

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In view of this, I do not see any reason to disbelieve the statements made in the application. Accordingly, the application deserves to be allowed. Hence, the following order:-

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ORDER

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i) The application is allowed. ii) Marriage Petition No.20/2024 pending

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23 mca tr. 550.24.odt..odt

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on the file of learned Civil Judge, Senior Division, Saoner be transferred to the Family Court, Nagpur. 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: 10/10/2024 11:32:24

Apurva W/O Salil Gurkari @ Apurva Babanraoji Karawadakar v. Salil S/O Dhanraj Gurkari

Case brief

What is this about?

What did the court decide?

Apurva W/O Salil Gurkari @ Apurva Babanraoji Karawadakar v. Salil S/O Dhanraj Gurkari

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

All orders in this case

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