Priyanka Prashant Dudhmande And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 88 WRIT PETITION NO. 5804 OF 2020 PRIYANKA PRASHANT DUDHMANDE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners: Mr. Sandanshiv M.b. AGP for Respondents/State: Mr. P. K. Lakhotiya Advocate for Respondent No. 3:

Mr. V. V. Bhavthankar Advocate for Respondent No. 5: Mr. P. P. More ...

CORAM:S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE: 07th DECEMBER, 2020 PER COURT:

1.

In a dispute between the father and the mother the children appear to be sufferer.

2.

Petitioner No. 1 and respondent no. 5 are the husband and wife and parents of petitioners no. 2 to 4. It appears that there is a matrimonial discord between the petitioner no. 1 and respondent no. 5. In the said dispute, petitioners no. 2 to 4, their children, are made to suffer. 3.

Petitioners no. 2 to 4 were earlier with respondent no. 3 school. Now, they are studying

2 wp 5804.20 with petitioner no. 4 school and staying with petitioner no. 1. It appears that petitioner no. 1 is at present staying at Parbhani.

4.

Mr. Bhavthankar, learned Counsel for respondent no. 3 fairly submits that petitioners no. 2 to 4 are not at present taking education in respondent no. 3 school.

5.

Mr. More, learned Counsel for respondent no. 5 submits that petitioner has also instituted civil suit for the same relief; as claimed in the present petition. Respondent no. 5 has filed an application for custody of petitioners no. 2 to 4. At Latur better education facilities are available and the same would be beneficial to petitioners no. 2 to 4. It is with this intention respondent no. 5 is insisting with petitioners no. 2 to 4 to take education at Latur.

6.

As it is not disputed that petitioners no. 2 to 4 are not taking education with respondent no. 3 school there should not be any impediment for respondent no. 3 to issue the Transfer

3 wp 5804.20 Certificate, of course, if, there is no other impediment; except the objection of respondent no. 5.

7.

As far as application of respondent no. 5 for custody of petitioners no. 2 to 4 is concerned, the same would be dealt with by the competent Court on its own merits. It is for the Court wherein the application of respondent no. 5 claiming custody of petitioners no. 2 to 4 is pending to consider the contentions raised by the petitioner no. 1 and respondent no. 5, so also, the stand of the petitioners no. 2 to 4. It appears that petitioners no. 2 to 4 have also attained the age of understanding.

8.

In light of the above, respondent no. 3 shall issue the Transfer Certificate of petitioners no. 2 to 4 as observed supra 9.

Considering the educational interest of the petitioners no. 2 to 4; we have not considered the objection of respondent no. 5 regarding pendency of the civil suit for the same purpose.

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10. Writ Petition is accordingly disposed of. No costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] marathe