Bombay High Court
Rajni Satish Sharma vs Satish Badrilal Sharma on 18 March, 2019
mca391.18.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
MISC. CIVIL APPLICATION NO.391/2018
APPLICANT : Rajni Satish Sharma,
Age : 27 Yrs., Occ : Housewife,
R/o Ramprasad Sharma, W.C.L. Colony,
Quarter No.NB-46, Shakti Nagar,
Durgapur, Chandrapur, Tah. & Distt.
Chandrapur.
...VERSUS...
NON-APPLICANT : Satish Badrilal Sharma
Age : 33 Yrs., Occ : Business
R/o Room No.4, Dhandevi Niwas, Vaishet
Pada No.1, Nr. Sudesh Hotel,
Kurar Village, Malad (East), Mumbai - 97.
CORRECTED ADDRESS
Satish S/o Badrilal Sharma
R/o "Mauvli Saphire", Flat No.503,
Zora Compound, Vaishad Pada,
Kurur Village, Malad (E),
Mumbai - 400097.
Or
Satish S/o Badrilal Sharma
R/o Shop No.1, Mithailala Chal,
Vaishet Pada No.2, Kurar Village, Malad,
Mumbai (East) 400097.
(Amendment is carried out as per Order
Dt. 27/7/18)
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mca391.18.odt
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Ms A.S. Wanjari, Counsel h/f Shri M. Anil Kumar, Counsel for applicant
None for the non-applicant, though served
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CORAM : ARUN D. UPADHYE, J.
DATE : 18/03/2019
ORAL JUDGMENT
1. Heard learned Counsel for the applicant. None appears for the non-applicant, though served. Admit. The Misc. Civil Application is heard finally with the consent of the learned Counsel for the applicant.
2. The learned Counsel for the applicant has submitted that the non-applicant has filed Petition No.A-304/2018 before the Family Court at Bandra, Mumbai. The applicant is residing at Chandrapur. She has also filed proceedings under Section 9 of the Hindu Marriage Act for restitution of conjugal rights bearing Hindu Marriage Petition No.73/2016 and the same is pending before the Civil Judge, Senior Division, Chandrapur. The applicant is unable to attend the proceedings at Family Court at Bandra, Mumbai, as it is inconvenient for her. The Misc. Civil Application, therefore, be allowed. ::: Uploaded on - 20/03/2019 ::: Downloaded on - 20/03/2019 23:21:57 :::
mca391.18.odt 3
3. After hearing the learned Counsel for the applicant and upon perusal of the application as well as material placed on record, it appears that the marriage of the applicant was solemnized with non-applicant on 25/5/2015 at Chandrapur. It further appears that the applicant is residing at Chandrapur since 2016. She has filed proceedings under Section 9 of the Hindu Marriage Act for restitution of conjugal rights bearing Hindu Marriage Petition No.73/2016 before the Civil Judge, Senior Division, Chandrapur and the same is pending there. The non-applicant has filed Hindu Marriage Petition No.A-304/2018 under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 and the same is pending before the Family Court at Bandra, Mumbai.
4. Considering the submissions of the learned Counsel for the applicant, I am of the considered view that it is inconvenient for the applicant to attend the proceedings at Family Court at Bandra, Mumbai. No prejudice would cause to the non-applicant, if the proceedings are transferred from the Family Court at Bandra, Mumbai to the Court of Civil Judge, Senior Division, Chandrapur. Hence, I proceed to pass the following order. ::: Uploaded on - 20/03/2019 ::: Downloaded on - 20/03/2019 23:21:57 :::
mca391.18.odt 4 ORDER
(i) Misc. Civil Application No.391/2018 is allowed.
(ii) Hindu Marriage Petition No.A-304/2018 (Satish Badrilal Sharma...Versus...Rajani Satish Sharma) pending before the Family Court at Bandra, Mumbai stands transferred to the Court of Civil Judge, Senior Division, Chandrapur for disposal, according to law.
No order as to costs.
JUDGE Wadkar, P.S. ::: Uploaded on - 20/03/2019 ::: Downloaded on - 20/03/2019 23:21:57 :::