Mrs. Megha Mahesh Shelar & Ors. v. Dr. Mahesh Vitthal Shelar
Case at a glance
Provisions considered
Judgment
Mr. Niranjan Mogre i/b. Mr. Prasad Naram for the Applicants. Mr. Vishal Kanade i/b. Sanjay Gawde for the Respondent. CORAM : SMT. R.P.SONDURBALDOTA,J. DATE : 16TH JULY 2012 P.C. :
This Misc. Civil Application is filed for transfer of the proceedings filed by the Respondent under Guardians and Wards Act, 1890 for custody of his children in the Court at Ahmednagar to the Court at Pune. Admittedly, today, there are three proceedings between the parties pending in the Court at Pune. Applicant No.1 has filed an application for restitution of conjugal rights in the Family Court at Pune. The petition filed by the Respondent-husband for divorce at Ahmednagar now stands transferred to the Court at Pune pursuant to the orders of this Court. Similar order was passed on the Application filed by the Applicants for maintenance under Section 125 of the Code of Criminal Procedure. The Application which was filed at Ahmednagar now stands transferred to Pune Court leaving two more applications between the parties i.e. the petition for custody of the children and a complaint under the Protection of Women from Domestic Violence Act, 2005. Basavraj G. Patil
99.11-mca The learned Counsel for the Applicants states that the Applicants have already filed an Application for transfer of proceedings under the Protection of Women from Domestic Violence Act, 2005 to the Court at Pune. Considering these facts, it will be only convenient and in the interest of both the parties that all the applications are heard by the same Court i.e. the Family Court at Pune. Hence, the present Misc. Civil Application is allowed in terms of prayer clause (b). Misc. Civil Application is accordingly disposed of. (SMT. R. P. SONDURBALDOTA,J.) Basavraj G. Patil
Questions this judgment answers
Which statutory provisions did this judgment involve?
Guardians and Wards Act, 1890; Code of Criminal Procedure, 1973 — s. 125; Protection of Women from Domestic Violence Act, 2005.
Which court decided this case, and when?
Bombay High Court, on 16 Jul 2012. The bench was R P SONDURBALDOTA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.