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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION NO 690 OF 2017
Sau. Sneha Piyush Zinjuwadia, aged 26
years, occupation : housewife, r/o c/o
Dharmendra Dhandukiya, Arihant Niwas,
Kokan Wadi, Main Road, Murtizapur,
District Akola-444107. ... Applicant
- Versus -
Shri Piyush Deepak Zinjuwadia, aged
27 years, occupation : business,
r/o Shri Adinath Restaurant, near
S.T. Stand, Main Road, Saoner,
Tahsil Saoner, District Nagpur. ... Non-applicant
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Shri A.D. Ramteke, Advocate for applicant.
Shri D. Pathak, Advocate for non-applicant.
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CORAM : P.N. DESHMUKH, J.
DATED : OCTOBER 31, 2017 ::: Uploaded on - 07/11/2017 ::: Downloaded on - 08/11/2017 00:59:42 ::: 2 mca690.17 ORAL JUDGMENT :
Admit. Heard finally with consent of Shri Ramteke, learned Counsel for applicant, and Shri Pathak, learned Counsel for non-applicant.
2) By this application, it is prayed by applicant wife that Hindu Marriage Petition No.125/2017 filed by non-applicant husband for restitution of conjugal rights, which is pending on the file of 4th Joint Civil Judge, Senior Division, Nagpur, be transferred to the Court of Civil Judge, Senior Division, Akola. Pending present application, this Court by interim order had granted stay to further proceedings of Hindu Marriage Petition No.125/2017.
3) Non-applicant pending this application has taken out Civil Application No.1429/2017 and submitted that in addition to the proceedings initiated by him for restitution of conjugal rights as aforesaid, applicant wife has filed application under ::: Uploaded on - 07/11/2017 ::: Downloaded on - 08/11/2017 00:59:42 ::: 3 mca690.17 the provisions of Protection of Women from Domestic Violence Act, 2005 being Criminal Application No.93/2017, which is pending on the file of learned Judicial Magistrate, First Class, Murtizapur and Hindu Marriage Petition No.72/2017 for divorce, which is pending on the file of Civil Judge, Senior Division, Akola.
4) The proceedings for restitution of conjugal rights are initiated by non-applicant husband at Nagpur. It, therefore, goes without saying that after initiating proceedings by applicant as aforesaid at Murtizapur and Akola, non-applicant has filed proceedings for restitution of conjugal rights at Nagpur. As such, proceedings are pending at three different Courts and non-applicant in that case is required to appear at Courts at Murtizapur and Akola in addition to Court at Nagpur wherein he has initiated proceedings for restitution of conjugal rights.
5) Admittedly, applicant is residing at Murtizapur after
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there was matrimonial discord between the parties. It is thus the case of applicant that it is not convenient for her to attend proceedings initiated by non-applicant at Nagpur, which is approximately 244 kms. from Murtizapur. It is also the case of applicant that for attending proceedings at Nagpur, she is required to be accompanied by some member of the family and in that event, she would be required to incur heavy expenses.
6) In that view of the matter and having considered the fact that applicant is admittedly residing at Murtizapur and has also initiated proceedings for grant of divorce before Court of Civil Judge, Senior Division, Akola, in the interest of both the parties, it would be just and proper to transfer the proceedings initiated by non-applicant by way of application for restitution of conjugal rights, which is found pending in the Court of 4th Joint Civil Judge, Senior Division, Nagpur to the competent Court at Akola, though in that situation, non-applicant may be required to travel from Nagpur to Akola. However, for the sake of convenience, both Hindu Marriage Petition Nos.72/2017 and ::: Uploaded on - 07/11/2017 ::: Downloaded on - 08/11/2017 00:59:42 ::: 5 mca690.17 125/2017 can be placed for hearing before one and same Court or can be clubbed together by the concerned Court on an application made by parties to that effect.
7) One of the prayers made in Civil Application No.1429/2017 by non-applicant is also for transfer of proceedings initiated by applicant under the provisions of Protection of Women from Domestic Violence Act, 2005 to Court at Akola. The prayer made appears to be reasonable in view of the fact that proceedings initiated by non-applicant at Nagpur since for convenience of applicant is allowed to be transferred to Akola, non-applicant husband in that event would be in a better position if proceedings under the provisions of Protection of Women from Domestic Violence Act, 2005 are also transferred to Court at Akola, which in that event may not cause any inconvenience to applicant wife as she will have to attend her divorce proceedings before Court at Akola. In the circumstances, proceedings initiated by applicant under the provisions of the Protection of Women from Domestic Violence ::: Uploaded on - 07/11/2017 ::: Downloaded on - 08/11/2017 00:59:42 ::: 6 mca690.17 Act, 2005 being Criminal Application No.93/2017 also need to be transferred to Akola.
8) In the result, miscellaneous civil application is allowed. Criminal Application No.93/2017 filed by applicant under the provisions of the Protection of Women from Domestic Violence Act, 2005, which is pending on the file of learned Judicial Magistrate, First Class, Murtizapur stand transferred to competent Court at Akola.
Hindu Marriage Petition No.125/2017 filed by non- applicant for restitution of conjugal rights, which is pending on the file of 4th Joint Civil Judge, Senior Division, Nagpur shall stand transferred to Court of Civil Judge, Senior Division, Akola and shall be clubbed together to be heard by the same Court, who is seized with Hindu Marriage Petition No.72/2017 filed by applicant for divorce.
The parties to appear before the Court of Civil Judge, Senior Division, Akola in Hindu Marriage Petition Nos. 72/2017 and 125/2017 on 13/11/2017 and before learned Judicial ::: Uploaded on - 07/11/2017 ::: Downloaded on - 08/11/2017 00:59:42 ::: 7 mca690.17 Magistrate, First Class, Akola in Criminal Application No.93/2017 on the same date. Needless to say that all the proceedings as far as possible be fixed for hearing on the same date.
No order as to costs.
JUDGE khj ::: Uploaded on - 07/11/2017 ::: Downloaded on - 08/11/2017 00:59:42 :::