MCA/190/2019
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
MISC.CIVIL APPLICATION NO.190 OF 2019
SHOBA BALASAHEB KALE
VERSUS
PARMESHWAR SURYABHAN DHAWALE AND ANOTHER
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Advocate for Applicant : Shri Deshmukh H.D.
AGP for Respondent 2 : Shri Munde S.W.
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CORAM : RAVINDRA V. GHUGE, J.
Dated: August 31, 2019
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PER COURT :-
1. The applicant is the younger sister of the deceased wife of
respondent No.1. He was prosecuted for the suicidal death of his
wife. Finally, he was acquitted by the competent Court. A child born
to the deceased elder sister of the applicant, out of her marriage with
respondent No.1, is residing with the applicant and is seeking
education in the 8th Standard.
2. As soon as the applicant gathered knowledge of MCA No. 40
of 2017, filed by the respondent No.1 before the learned District
Judge, Beed under Sections 7 and Section10 of the Guardians and SectionWards
Act, she had moved this application for seeking transfer of the said
proceedings to the learned District Judge at Newasa. The distance is
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about 180 kms. and the applicant finds it cumbersome to travel to
Beed for attending the said proceedings.
3. Reliance is placed upon the following judgments:-
(i) Vennangot Anuradha Samir Vs. Vennangot Mohandas Samir –
2016(1)Bom.C.R.250,
(ii) Soma Choudhuri Vs. Gourab Choudhuri (2004)13 SCC 462,
(iii) Anjali Ashok Sadhwani Vs. Ashok Kishinchand Sadhwani –
AIR 2009 SC 1374,
(iv) Vaishali Shridhar Jagtap Vs. Shridhar Vishwanath Jagtap –
2016 AIR (SC) 3584,
(v) SectionSumita Singh vs. Kumar Sanjay –
(2001) 10 SCC 41 : AIR 2002 SC 396,
(vi) SectionMahadevi Mehtre vs. Gopal – 2015 (5) AIR Bom. 250,
(vii) SectionMona Aresh Goel vs. Aresh Satya Goel –
2000 (9) SCC 255 : AIR 2000 SCW 2652,
(viii) SectionRavinder Kaur vs. Hitinder Singh – AIR 2000 SC 3403,
(ix) SectionRena Gautam vs. Vinod Gautam – AIR 2000 SC 3405,
(x) SectionReena Mehra vs. Rohit Rai Mehra – AIR 2003 SC 1002,
(xi) SectionRakhi Banerjee vs. Subhankar Mukherje –
AIR 2009 SC 928,
(xii) SectionT.Gayatri Devi vs. Tallepaneni Sreekanth –
2013 (6) Bom. C.R. 119 (SC),
(xiii) SectionAnita Balkrishna Barge vs. Balkrishna Sopan Barge –
2011 (3) Bom. C.R. 866 (Aurangabad Bench) and
(xiv) Smita Dhananjay Patil vs. Dhananjay Krishnakumar Patil –
2013 (5) Bom.C.R. 694 (Aurangabad Bench).
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MCA/190/2019
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4. Issue notice before admission to the respondents, returnable
on 18.10.2019. The learned AGP waives service for respondent No.2.
Until then, the trial Court shall adjourn MCA No.40 of 2017.
5. Copy of the paper book for issuance of notice shall be supplied
and all objections shall be removed on/or before 9.9.2019, failing
which, this application shall stand rejected without reference to the
Court on 11.9.2019.
( RAVINDRA V. GHUGE, J. )
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akl/d
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