Wife sought transfer of a marriage petition from Pune to Malshiras, Solapur, citing hardship and proximity; court found hardship made out under Section 24 CPC and allowed transfer.
Marriage Petition No. 1081 of 2023 transferred from Civil Judge Senior Division, Pune to Civil Judge Senior Division, Malshiras, District Solapur.
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909.mca.72.24.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
MISC. CIVIL APPLICATION NO. 72 OF 2024
Pinkita Sandeep Chavan .. Applicant Versus Sandeep Dashrath Chavan .. Respondent
CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 04, 2024.
P.C.:
1. Heard Mr. Patil, learned Advocate for Applicant.
2. Service has been effected and Respondent is duly served,
however none appears for Respondent. The hearing of the Misc. Civil Application (for short “ MCA ”) cannot be protracted any further. Hence, MCA taken up for hearing.
3. Present MCA seeks transfer of the Marriage Petition No.1081 of 2023 pending before the Civil Judge Senior Division, Pune to the Civil Judge Senior Division, Malshiras, District Solapur.
4. The grounds of hardship apart from the proximity of distance between the two destinations is clearly evident and made out by the Applicant in the MCA. The grounds of hardship of Applicant are enumerated in paragraph No.9 of the MCA. I have perused the same.
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909.mca.72.24.doc
5. Applicant is residing alongwith her parents in Malshiras, Solapur. She has filed proceedings for maintenance in the Court at Malshiras. The hardship of the Applicant – wife being evident under the extant provisions of Section 24 of the Code of Civil Procedure, 1908 for requiring to meet the ends of justice for transfer of the Marriage Petition.
6. Hence, MCA stands allowed in terms of prayer clause ‘a’
which reads thus:-
7. With the above directions, MCA is allowed and disposed.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed by AJAYTRAMBAK AJAY TRAMBAKUGALMUGALE UGALMUGALE Date: 2024.09.05 15:27:18 +0530
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1 issue framed by the court
Whether Marriage Petition No. 1081 of 2023 pending at Pune should be transferred to Civil Judge Senior Division, Malshiras on grounds of hardship to the wife-applicant.
1 provisions across 1 enactments
Pinkita Sandeep Chavan
Sandeep Dashrath Chavan
Milind N. Jadhav
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
