✦ Bombay High Court · 13 Oct 2022

ARATI RAVI DHULE v. RAVI WAMANRAO DHULE

MISC.CIVIL Application No. 97 of 2021SANDIPKUMAR C MORE

Case at a glance

Outcome

Allowed

The application is hereby allowed

Key paragraphs

  • Para 22. The applicant – wife is seeking transfer of Marriage Petition A No. 1092/2020 pending in the Family Court No.4, Pune fled by respondent - husband for getting divorce, to the Court of Civil Judge (Senior Division), Hingoli. According to the applicant-wife, she is residing…

Judgment

Cause title

ARATI RAVI DHULE

VERSUS

RAVI WAMANRAO DHULE

Mr. A.G. Vasmatkar, Advocate for the applicant. ...

CORAM : SANDIPKUMAR C. MORE, J. DATED : 13.10.2022.

ORDER:-

1.

Heard learned Counsel for the applicant – wife. The respondent husband, though served with notice, remained absent.

Operative part

2.

The applicant – wife is seeking transfer of Marriage Petition A No. 1092/2020 pending in the Family Court No.4, Pune fled by respondent - husband for getting divorce, to the Court of Civil Judge (Senior Division), Hingoli. According to the applicant-wife, she is residing at Kalamnuri which is only 30 kms away from Hingoli. Moreover, she has also fled proceedings under the provisions of Protection of Women from Domestic Violence Act, 2005 against the respondent - husband and his family members. She has also fled application under Section 125 of Cr.P.C. for getting maintenance. Besides, one R.C.C. No. 74 of 2020 under Section 498-A, 323, 504, 506 of (2) 951 MCA-97.2021.odt I.P.C. fled by the applicant is also going on. All these cases are pending in the Court of the learned Judicial Magistrate, First Class at Kalamnuri. There is no Court of Civil Judge (Senior Division) at Kalamnuri and the proper Court having jurisdiction to entertain Hindu Marriage Petitions is at Hingoli. It is signifcant to note that Hingoli is situated at a distance of about 550 kms away from Pune. As such, considering the convenience of application, following order is passed. ORDER (i) The application is hereby allowed. (ii) The Marriage Petition A. No.1092 of 2020 pending in the Family Court No.4, Pune is transferred to the Court of Civil Judge (Senior Division), Hingoli for disposal according to law. (iii) The respondent is directed to appear before Civil Judge (S.D.), Hingoli on 21st November

2022. (iv) The application is disposed of accordingly. vd_dhirde

(SANDIPKUMAR C. MORE, J.)

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The application is hereby allowed

Which statutory provisions did this judgment involve?

Protection of Women from Domestic Violence Act, 2005; Code of Criminal Procedure, 1973 — s. 125; Indian Penal Code, 1860.

Which court decided this case, and when?

Bombay High Court, on 13 Oct 2022. The bench was SANDIPKUMAR C MORE.

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.

Why is this linked?

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