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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR
Misc. Civil Application No. 686 of 2016
Applicant : Milind son of Mahadeo Dumbere, aged
about 40 years, Occ: service, resident of Opp.
Hotel Tristar Inn, Behind Hero Honda Show
Room, Nagpur Road, Chandrapur, presently
at Quarter No. 3, Type IV, Behind Rajendra
Nagar Police Station, New Rajendra Nagar,
New Delhi 110060
versus
Non-applicant : Dr Shilpa wife of Milind Dumbere, aged
31 years, Occ: Doctor, resident of c/o Manorama
Shankarrao Ingle, Giramkar Layout, Near
Dental college, University Road, Amravati
Ms Smita S. Singalkar, Advocate for applicant
Shri R. D. Wakode, Advocate for respondent
Coram : A. S. Chandurkar, J Dated : 21st March 2017 ::: Uploaded on - 23/03/2017 ::: Downloaded on - 25/03/2017 00:50:12 ::: 2 Oral Judgment
1. By this application, the applicant seeks transfer of matrimonial proceedings filed by him as well as by the non-applicant at Amravati to the Family Court at Nagpur.
2. The applicant and the non-applicant were married on 21.5.2007. On account of matrimonial discord, the applicant filed proceedings for divorce before the Family Court at Amravati. Subsequently, the non-applicant filed proceedings for restitution of conjugal rights at Amravati. Then, the non-applicant filed proceedings under Section 12 of the Protection of Women from Domestic Violance Act, 2005 also at Amravati.
3. It is submitted on behalf of the applicant that he is serving at New Delhi and if the proceedings are transferred from Amravati to Nagpur, it will be convenient for him to attend the same from New Delhi. It is submitted that non-applicant is presently residing at Wardha and it will also be convenient for her to attend the proceedings at Nagpur. According to the applicant, he will bear the travelling expenses of the non-applicant and hence, it is prayed that the proceedings be so transferred.
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4. The application is opposed by the non-applicant by filing reply. It is submitted that though the non-applicant was pursuing her studies at Wardha, those studies would be completed by the end of May- June 2017 after which the non-applicant would again start residing at Amravati. It is submitted that it will not be convenient for the non- applicant to travel from Amravati to Nagpur as the children are taking education at Amravati.
5. I have perused the application as well as the reply filed on record. There are in all three proceedings filed by the parties against each other. All these proceedings are pending at Amravati. Insofar as the education of the non-applicant being undertaken at Wardha is concerned, the certificate dated 6.3.2017 issued by the Jawaharlal Nehru Medical College, Sawangi (Meghe), Wardha indicates that the final examination of M.D. (Pharmacology) course which the non-applicant is pursuing, will be held in the month of May-June 2017. In paragraph 12 of the reply it has been stated that thereafter the non-applicant will reside at Amravati along with her mother. Considering this aspect of the matter, I do not find that the reasons furnished by the applicant are such that the proceedings deserve to be transferred from Amravati to Nagpur. The proceedings filed by the applicant are also at Amravati. The convenience of the applicant can be taken care of by directing that all the three proceedings at ::: Uploaded on - 23/03/2017 ::: Downloaded on - 25/03/2017 00:50:12 ::: 4 Amravati shall be fixed on one and the same date to enable the applicant to attend all or any of the cases whenever his presence is required.
6. In view of aforesaid, the prayer for transfer of the proceedings from Amravati to Nagpur stands rejected. However, the proceedings pending before the Family Court at Amravati as well as the proceedings under the Protection of Women From Domestic Violance Act, 2005 pending before the learned Judicial Magistrate, First Class, Amravati shall be taken up on the same date to enable the parties to attend the same whenever their presence is required. Miscellaneous Civil Application is disposed of. No costs.
A. S. CHANDURKAR, J joshi ::: Uploaded on - 23/03/2017 ::: Downloaded on - 25/03/2017 00:50:12 :::