SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Shoba Balasaheb Kale vs Parmeshwar Suryabhan Dhawale And … on 31 August, 2019

MCA/190/2019
1 of 3

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

Advocate for Applicant : Shri Deshmukh H.D.
AGP for Respondent 2 : Shri Munde S.W.

CORAM : RAVINDRA V. GHUGE, J.

Dated: August 31, 2019

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

::: Uploaded on – 31/08/2019 01/09/2019 05:07:11 :::
MCA/190/2019
2 of 3

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).

::: Uploaded on – 31/08/2019 01/09/2019 05:07:11 :::

MCA/190/2019
3 of 3

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. )

akl/d

::: Uploaded on – 31/08/2019 01/09/2019 05:07:11 :::

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation