Bombay High Court
Pooja Ravindrasingh Chauhan And ... vs Ravindrasingh Randhirsingh ... on 14 March, 2017
Bench: S.P. Deshmukh
1 MCA - 130-2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
MISC. CIVIL APPLICATION NO. 130 OF 2016
1] Pooja Ravindrasingh Chauhan
Age : 32 years, Occu. Service
2] Akshajsingh Ravindrasingh Chauhan
Age : 10 years, Occu. Education
3] Dhairyajsingh Ravindrasingh Chauhan
Age : 6 years, Occu. Education
Both Under Guardianship of mother
Pooja Ravindrasingh Chauhan (applicant no.1)
Both R/o House No.4, Apratim Gharkul Society,
Behind Bajaj Hospital, Satara Parisar,
Aurangabad .. Applicants
VS.
Ravindrasingh Randhirsingh Chauhan
Age : 38 years, Occu. Service, Nil
Permanent R/o Missar Nagar, Near Water Tank,
Jintur Road, Parbhani .. Respondent
----
Mr. Ameya Sabnis, Advocate h/f Ms. Rashmi P. Gour, Advocate for
the applicant
Mr. S.K. Sawangikar, Advocate for the respondent
----
CORAM : SUNIL P. DESHMUKH, J.
DATE : 14/03/2017
ORAL JUDGMENT :
1. Rule. Rule made returnable forthwith.
2. Heard learned counsel for the parties finally, by consent.
2 MCA - 130-2016
3. It appears that the applicant no.1 is staying alongwith
her two children from the marriage between applicant no.1 and
respondent. Children are taking education at Aurangabad. It is
contention of applicant no.1, that respondent had been staying with
her at Aurangabad for quite a while, however, all of a sudden,
respondent left company of applicant no.1 on his own volition and
has not turned back. In the circumstances, she had to bear the
responsibility of maintaining the two children at Aurangabad. She
had, in the circumstances, to work to eke out existence and for
aforesaid purposes.
4. It has been contended that respondent is computer
savvy and generally works on "work at home basis". Respondent
has filed proceedings for restitution of conjugal rights at Parbhani.
It is difficult for applicant to attend to the proceedings, having
regard to the aforesaid circumstances.
5. Learned counsel for the respondent submits that he is an
employee of Sanskruti Nagari Sahakari Patsanstha Maryadit,
Parbhani and it is difficult for him to attend the proceedings, if they
are transferred to Aurangabad. He submits that the examination
period is almost over. The proceedings at Parbhani have reached the
stage of evidence. In the circumstances, he requests not to indulge
3 MCA - 130-2016
into the request for transfer under the miscellaneous civil
application.
6. Learned counsel for the applicant has pointed out that
the matter has reached the stage of evidence in the absence of
defence, as the applicant could not make it to the court at Parbhani
in time. Additionally, the applicant has faced difficulties at Parbhani
while the applicant's advocate having expired. The matter will have
to be started de-novo from the stage of letting in pleadings on
behalf of the applicant.
7. Having regard to that most of the contentions on behalf
of the applicant about that she is required to work to eke out
existence and maintain her two children and their education,
difficulties expressed on behalf of the respondent comparatively are
less rigorous.
8. In the circumstances, it appears that convenience leans
in favour of the applicant and, thus, miscellaneous civil application is
being considered accordingly. As such, application stands allowed in
terms of prayer clause (A).
9. On transfer, the proceedings shall start at Aurangabad
4 MCA - 130-2016
from the stage of submission of written statement and the
proceedings be disposed of as early as possible, preferably within a
period of nine (9) months from the date of receipt of papers at
Aurangabad. Dates at Aurangabad be so arranged, as would be
convenient to the respondent.
10. Rule is made absolute accordingly.
[SUNIL P. DESHMUKH]
JUDGE
arp/
