Sau. Ankita Rupesh Rathod @ Ankita Gajanan Chavhan v. Rupesh Atmaram Rathod
Case brief
What is this about?
Transfer of matrimonial proceedings; forum conveniens; restitution of conjugal rights (Mangrulpir, Dist. Washim); Protection of Women from Domestic Violence Act proceeding before JMFC Manora; husband's proceedings at Akola sought to be transferred to Civil Judge Senior Division, Mangrulpir; notice returnable after four weeks; ad-interim stay in terms of prayer clause (ii); private service permitted; automatic vacation of stay on failure to file affidavit of service; Bombay High Court, Nagpur Bench; MCA 126/2026; Pravin S. Patil, J.; advocate A. A. Zade for applicant.
What did the court decide?
Interim order only: notice issued to the Non-applicant returnable after four weeks; ad-interim stay granted in terms of prayer clause (ii) of the Application; Applicant permitted to serve the Non-applicant by all modes of private service permissible under the Rules, with affidavit of service to be filed on or before the next date, failing which the stay stands vacated automatically. Transfer question itself left open for decision after notice.