In a recent court decision, Judge Rajesh S. Patil ruled on a case involving Nitesh Gajanan Patil and Suprabha Nitesh Patil. Both had filed for divorce, but the main issue was where the cases should be heard. Let's break it down!
Nitesh filed for divorce first on December 5, 2022, at the Family Court in Bandra, Mumbai. A few days later, on December 14, 2022, Suprabha filed her petition at the Civil Judge, Senior Division, in Kalyan. The couple lives about 50 km apart, with Nitesh in Mumbai and Suprabha in Kalyan.
Nitesh's lawyer argued that according to a rule in the Hindu Marriage Act, the cases should be combined and heard where the first petition was filed—in Bandra. Suprabha's lawyer, however, mentioned a Supreme Court decision, arguing that it would be easier for Suprabha if the case stayed in Kalyan.
The rule in the Hindu Marriage Act says that if two petitions are filed, the one filed later should be moved to where the first was filed. This is to avoid conflicting decisions. On the other hand, another law talks about convenience but is more general.
Judge Patil decided that the petitions should be heard together in Bandra, where Nitesh filed first. Suprabha will have to travel to Bandra, but Nitesh agreed to cover her travel expenses.
"The husband will pay a sum of Rs.2,500/- per date of hearing attended by the wife physically in Court."
Suprabha can attend court via video call, but she must appear in person when required by the judge.
The court ruled in favor of Nitesh, deciding that the divorce case should be heard in Bandra, where he filed first. To make it easier for Suprabha, Nitesh will pay for her travel expenses to attend the hearings.
