Allowed

Madhuri Maruti Kondekar v. Maruti Vishnu Kondekar

Bombay HC4 Apr 2024MCA/70/2024

Case brief

AI extract

What is this about?

Bombay High Court, Civil Appellate Jurisdiction, Miscellaneous Civil Application No. 70 of 2024, decided 18th June, 2024, coram: Justice Arun R. Pedneker (P.C.). Transfer petition for convenience of the wife: Madhuri Maruti Kondekar (applicant-wife, counsel Ms Suvarna Yadav) versus Maruti Vishnu Kondekar (respondent-husband, absent despite service). Subject: transfer of divorce proceedings H.M.P.N

What did the court decide?

Transfer of H.M.P.No.205 of 2023 from the Court of Civil Judge, Senior Division, Vasai to the Court of Civil Judge, Senior Division, Ichalkaranji, Dist-Kolhapur, subject to the applicant-wife not seek

Madhuri Maruti Kondekar vs Maruti Vishnu Kondekar — Bombay HC (2024) — LawSathi Research

¶1

25-mca-70-2024.doc

¶2

Shubhada S Kadam

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 70 OF 2024

¶4

Madhuri Maruti Kondekar

¶5

… Applicant

¶6

versus

¶7

Digitally signed SHUBHADA by SHUBHADA SHANKAR SHANKAR KADAM KADAM Date: 2024.06.24 11:46:43 +0530

¶8

Maruti Vishnu Kondekar

¶9

…. Respondent

¶10

Ms Suvarna Yadav, Advocate for the Applicant.

¶11

CORAM : ARUN R. PEDNEKER, J.

¶12

DATE : 18^th JUNE, 2024.

¶13

P.C. :

¶14

Heard learned counsel for the applicant.

¶15

The present application is filed by the applicant seeking transfer of the divorce proceedings initiated by the respondent-husband before the Civil Judge, Senior Division, Vasai, District-Palghar to the Civil Judge, Senior Division, Ichalkaranji, District Kolhapur.

¶16

It is the case of the applicant-wife that she married the respondent-husband on 31^st May 1997 as per Hindu rites and there are two children born out of the wedlock. She submits that due to certain matrimonial disputes, the applicant along with her two children are now residing with her parents at Kolhapur. She submits that the respondenthusband is working at Palghar and has sufficient means to attend the proceedings at Ichalkaranji, District- Kolhapur. She further submits that the respondent-husband is not provided any financial assistance for her medical treatment, so also for the maintenance of her two children. She

¶17

1/2

¶18

25-mca-70-2024.doc

¶19

Shubhada S Kadam

¶20

submits that it would be difficult for her to attend the proceedings at Vasai, as such, she seeks transfer of the proceedings initiated by the respondent-husband at Vasai Court, District Palghar to Ichalkaranji, District Kolhapur.

¶21

The respondent, though served, has not entered appearance.

¶22

For the reasons stated in the application that she has to manage her two children along with herself and that she is only educated upto 9^th standard, it would be inconvenient for her to attend the divorce proceedings initiated by her husband at Vasai. The application is allowed in terms of prayer clause (a) as under:

¶23

“(b) This Hon’ble Court may be pleased to transfer the H.M.P.No.205 of 2023 from the Court of Civil Judge, Senior Division, Vasai to Court of Civil Judge, Senior Division, Ichalkaranji, Dist-Kolhapur;”

¶24

On such transfer, it is directed that the applicant-wife would not seek adjournments in the matter without informing the respondenthusband well in advance so to avoid inconvenience to the husband to travel to Ichalkaranji so also, the Court at Ichalkaranji is directed to permit the respondent-husband to appear through video conferencing wherever possible.

¶25

With the above observations, the application is disposed of.

¶26

(ARUN R. PEDNEKER, J.)

¶27

2/2

Madhuri Maruti Kondekar v. Maruti Vishnu Kondekar

Case brief

What is this about?

What did the court decide?

Madhuri Maruti Kondekar v. Maruti Vishnu Kondekar

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

Similar cases

The Icici Lombard General Insurance Company Limited, Ahamdnagar Thr.Divisional Manager vs Rajan Shantilal Shah and Anr.

Suresh Nagappa Ambarkhane and Others Vs the Executive Engineer, Construction and Repairs Division, M.S.E.B. , Osmanabad and Anr.

Shantabai Vitthal Sonar (Died) Thr. Lrs Pandurang Died Thr. Lrs Ratnabai P Sonar and Ors. Vs the Special Land Acquisition OFFICER-2, Jalgaon and Anr.

Pandurang Dhondiba Dasre and Ors. Vs the State of Maharashtra through Collector, Nanded and Ors.

Reliance General Insurance Co. Ltd.,Kolhapur vs Smt. Rekha Anil Kamble and Ors.

Pramila Bhaskar Harischandre and Another Vs Mahatma Phule Krushi Vidyapeeth Rahuri through Its Registrar