Radhika Chetan Aakolkar vs Chetan Suresh Akolkar
2017 Latest Caselaw 617 Bom

                                         1                    MCA-123.16.doc


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

         MISCELLANEOUS CIVIL APPLICATION NO. 123 OF 2016


          Radhika w/o Chetan Aakolkar,
          age 25 years, occup. : Nil,
          C/o Bhausaheb s/o Nanasaheb Muthe,
          R/o Muthe Wadgaon, Tq. Shrirampur,
          Dist. Ahmednagar                                 .. Applicant

                  versus

       Chetan s/o Suresh Aakolkar,
       Age : 30 years, occup. Service,
       c/O Shivram Kamble,
       Plat No. 69, Sahayadri Nagar,
       Beed Bye Pass, Aurangabad,
       Office Address: Wakhad Ltd.,
       L-1, MI.D.C. Chikhalthana,
       Aurangabad                                          .. Respondent
              -----
 Mr. Rahul B. Temak, Advocate for applicant
 Mr. Manoj Patil (Dond), Advocate h/f Mr. C.K.
 Shinde, Advocate for respondent.


                               CORAM :       SUNIL P. DESHMUKH, J.

                               DATE :        8th March, 2017


 Oral Judgment :

1. Rule. Rule made returnable forthwith.

2. Heard learned counsel for parties finally by consent,

3. It is the case of the applicant - wife that due to marital

discord, she has been staying with her parents at village Muthe

Wadgaon in Shrirampur taluka, Dist. Ahmednagar. Her parents

are old aged persons and there are no other members in the

2 MCA-123.16.doc

family who can escort her to attend the dates in the proceedings

initiated by respondent-husband in Family Court at Aurangabad

for divorce bearing No.A/118 of 2016. Distance between

Aurangabad and Muthe Wadgaon is stated to be 110 kilometers

and said village is closer to Shrirampur and thus Shrirampur

would be a place convenient for her to attend the proceedings.

4. Whereas, it is the contention of the respondent-husband

that applicant is working at Pune and is not residing at village as

contended on her behalf. Further, the respondent apprehends

threats and assaults on him at Shrirampur since, according to

learned counsel for respondent, antecedents would evince the

same. Over and above this, family of the applicant is politically

influential as her father is an ex- sarpanch, her uncle is sarpanch

and her aunt is a member of Agricultural Produce Market

Committee, Shrirampur. Thus, respondent apprehends transfer of

proceedings initiated by him at Aurangabad to court at

Shrirampur would not be conducive in the interest of justice.

5. Learned counsel for respondent additionally submits, in the

circumstances if at all present application is being considered

favourabley, then proceedings from Aurangabad may be

considered for transfer to Newasa rather than Shrirampur since

Newasa would be a place convenient for either party.

3 MCA-123.16.doc

6. Aforesaid submissions on behalf of respondent are being

countered by learned counsel for the applicant asserting that the

applicant is not staying at Pune and further adverts to that no

material has been placed on record indicating that she is really

working at Pune. He submits that the perceived threats are only

pleas and are not substantiated by any material. He submits

that village Muthe Wadgaon is situated at a distance of more

than 10 kilometers from Shrirampur. As such, there is no

substance in the allegations being hurled against applicant and

her relatives.

7. Learned counsel for the applicant submits that distance

between Newasa and Muthe Wadgaon is more than 20

kilometers and further that there are no frequent and adequate

transport facilities available between the two places.

8. Having regard to that there is no serious challenge to the

contention of the applicant that her parents are age old and that

from their family an escort is difficult to come by, it would be

appropriate that the proceedings which the respondent has

lodged in family court at Aurangabad are transferred to a

competent court at Shrirampur.

9. As far as apprehension expressed by learned counsel for

respondent about threat and manhandling is concerned, the

same can be taken care of if occasion for the same arises.

4 MCA-123.16.doc

10. As such, miscellaneous civil application stands granted in

terms of prayer clause (A).

11. It is expected that the court at Shrirampur would

expeditiously proceed with transferred proceedings and decide

the same as early as possible preferably within a period of six

months from the date of receipt of papers of the transferred

proceedings.

12. Rule made absolute accordingly. Miscellaneous civil

application stands disposed of.

SUNIL P. DESHMUKH, JUDGE

pnd