Sau. Swati W/O Umesh Mahale vs Shri. Umesh S/O Ravindra Mahale
2017 Latest Caselaw 781 Bom

                                   1                          MCA-48-2016


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                 MISC. CIVIL APPLICATION NO. 48 OF 2016

Sau. Swati W/o Umesh Mahale,
Age : 30 years, Occu.: Household,
R/o : Ekta Nagar, Behind Kalantri Bungalow,
Soygaon, Taluka - Malegaon,
District - Nashik                                      .. Applicant

     VS.

Shri Umesh S/o Ravindra Mahale,
Age : 34 years, Occu.: Service,
R/o : Bhadgaon Road, Chalisgaon,
Taluka - Chalisgaon, District - Jalgaon             .. Respondent

                                 ----
Mr. B.N. Palve, Advocate for the applicant
Mr. A.I. Deshmukh, Advocate for the respondent
                                 ----

                                 CORAM : SUNIL P. DESHMUKH, J.

DATE : 16/03/2017

ORAL JUDGMENT :

1. Rule. Rule made returnable forthwith.

2. Heard learned counsel for the parties finally, by consent.

3. This is an application moved by wife for transfer of

proceedings instituted by respondent - husband from Jalgaon to

Malegaon.

2 MCA-48-2016

4. Learned counsel for the applicant submits that it is

difficult for the applicant to attend to the proceedings at Jalgaon.

She has been driven away and her life had been made miserable by

respondent and his relations. With an intention to preempt, the

proceedings at Malegaon, proceedings at Jalgaon were lodged by the

respondent. The applicant has already lodged a proceeding pursuant

to provisions of Domestic Violence Act at Malegaon, and, respondent

and his relatives had been attending to the same at Malegaon.

He submits that distance between Jalgaon and Malegaon is more

than 100 km. She has been maintaining Samruddhi - daughter

from the wedlock at Malegaon and she is residing with her mother.

As such, it is difficult for her to attend proceedings at Jalgaon.

Additionally, respondent is presently working at Nasik.

5. Learned counsel Mr. Deshmukh for the respondent

contends that respondent is able bodied and is earning Rs.20,000/-

a month. Further, there are threats of physical assault at Malegaon

and one such incident had taken place about which the FIR had been

lodged. In the circumstances, a request is being made that

proceedings be transferred elsewhere, a place different from

Malegaon.

3 MCA-48-2016

6. From the aforesaid, it emerges that the applicant has a

child to maintain at Malegaon where she is residing alongwith her

mother. Thus far, it appears, beyond lodging FIR, no further

progress has taken place. Since there is no dispute about that the

respondent is working at Nasik, it appears to be expedient in the

facts and circumstances of the case, the proceedings at Jalgaon are

transferred to Malegaon and the threat as perceived by learned

counsel for respondent, can be taken care of, if the incident recurs,

by making proper application before a court.

7. In view of aforesaid, the application is allowed in terms

of prayer clause (B).

8. The dates in the two proceedings at Malegaon, be so

arranged, as would be convenient to the respondent.

9. The proceedings at Malegaon be expeditiously taken up

for disposal, preferably within a period of nine (9) months from the

date of receipt of papers on transfer at Malegaon.

10. Rule made absolute accordingly.

[SUNIL P. DESHMUKH] JUDGE arp/