Sau Renuka Amit Kunturkar vs Amit Shriram Kuntunkar
2017 Latest Caselaw 1639 Bom

                                      1                   MCA-244.16.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD

      MISCELLANEOUS CIVIL APPLICATION NO. 244 OF 2016



 Sau. Renuka w/o Amit Kunturkar
 Age-28 years, occupation-Household,
 Alka Heights, Near Kaleshwar Mangal
 Karyalaya, Shoppers Stop, Latur,
 Tq. and Dist. Latur                           .. Applicant


                  versus

 Amit s/o Shriram Kunturkar
 Age : 35 years, occup. Service,
 R/o Plot No. 703, K-2, C-2,
 c/o Nitin Pendnekar,
 Pimpale Saudagar, Pune - 400027,
 Dist. Pune                                    .. Respondent

             --------
 Mr. Rajdeep Raut, Advocate for applicant
 Mr. Amit A. Mukhedkar, Advocate for respondent



                               CORAM :    SUNIL P. DESHMUKH, J.

                               DATE :     11th April, 2017


 ORAL JUDGMENT :


 1.       Rule.      Rule made returnable forthwith. Heard learned

counsel for parties by consent finally.

2. Learned counsel for the applicant-wife submits that the

applicant is residing at Latur which is at a distance of 350

2 MCA-244.16.doc

kilometer from Pune. From the wedlock a daughter has been

born who is two year old and being a lady, it is very difficult

for applicant to move to attend to the proceedings bearing

hindu marriage petition no. 1321 of 2016 filed by respondent

- husband in the court of Civil Judge, Senior Division, Pune.

She will have to undertake journey of about 700 kilometers to

and fro per date. She has no source of income and her father

is not in a position to travel and his economic condition is also

not sound. In the circumstances, transfer of said

proceedings filed by respondent at Pune to Latur is sought.

3. Resisting aforesaid submissions, learned counsel Mr.

Mukhedkar on behalf of respondent contends that the

respondent is employed working in Pune. So far as difficulty

expressed by applicant is concerned, respondent may bear

expenses of her travelling between Latur and Pune and back.

He submits that it is difficult for respondent to attend to each

and every date before the court at Latur and that may put

his service in peril.

4. Learned counsel purports to contend that having regard

to rule 2 of chapter XXXI of the Bombay High Court Appellate

Side Rules, 1960, it would have been expedient had the

3 MCA-244.16.doc

application for transfer of proceedings been filed at the

principal seat as, according to him, looking at said rule,

application for transfer may not lie before this court.

5. Countering aforesaid submissions, Mr. Raut relying on a

judgment in the case of Sayali Swapnil Kuber vs. Swapnil

Harischandra Kuber, reported in 2014 (7) Bom. C.R.. 648, submits

that cause for the applicant to file application has been within

the districts as referred to under rule 2, chapter XXXI of the

Bombay High Court Appellate Side Service Rules, and as such

said case governs the grounds and subject-matter of present

matter and there is no reason not to consider request under

the application.

6. Taking over all view of the matter since there is no

general dispute about the difficulties expressed on behalf of

the applicant and it being wife's convenience generally taken

into account, I deem it appropriate to allow the application.

As far as difficulties expressed by respondent to attend the

dates at Latur court are concerned, those can be taken care

of.

7. In the circumstances, miscellaneous civil application

stands granted in terms of prayer clause (B).

4 MCA-244.16.doc

Proceedings bearing hindu marriage petition no. 1321 of 2016

pending on the file of Civil Judge, Senior Division, Pune stand

transferred to competent court at Latur. As far as difficulties

expressed by the respondent with regard to attending

proceedings at Latur are concerned, him being employed, the

dates on transfer of proceedings to competent court at Latur

be so arranged as would be convenient to respondent. It

would be further in the interest of the parties, that the

proceedings on transfer to court at Latur are disposed of as

expeditiously as possible and preferably within a period of

nine months from the date transfer of the proceedings.

8. Rule made absolute accordingly. Miscellaneous civil

application stands disposed of.

SUNIL P. DESHMUKH, JUDGE

pnd