Bombay High Court
Milind S/O Mahadeo Dumbere vs Dr. Shilpa W/O Milind Dumbere on 21 March, 2017
Bench: A.S. Chandurkar
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR
Misc. Civil Application No. 686 of 2016
Applicant : Milind son of Mahadeo Dumbere, aged
about 40 years, Occ: service, resident of Opp.
Hotel Tristar Inn, Behind Hero Honda Show
Room, Nagpur Road, Chandrapur, presently
at Quarter No. 3, Type IV, Behind Rajendra
Nagar Police Station, New Rajendra Nagar,
New Delhi 110060
versus
Non-applicant : Dr Shilpa wife of Milind Dumbere, aged
31 years, Occ: Doctor, resident of c/o Manorama
Shankarrao Ingle, Giramkar Layout, Near
Dental college, University Road, Amravati
Ms Smita S. Singalkar, Advocate for applicant
Shri R. D. Wakode, Advocate for respondent
Coram : A. S. Chandurkar, J
Dated : 21st March 2017
Oral Judgment
1. By this application, the applicant seeks transfer of
matrimonial proceedings filed by him as well as by the non-applicant at
Amravati to the Family Court at Nagpur.
2. The applicant and the non-applicant were married on
21.5.2007. On account of matrimonial discord, the applicant filed
proceedings for divorce before the Family Court at Amravati.
Subsequently, the non-applicant filed proceedings for restitution of
conjugal rights at Amravati. Then, the non-applicant filed proceedings
under Section 12 of the Protection of Women from Domestic Violance Act,
2005 also at Amravati.
3. It is submitted on behalf of the applicant that he is serving at
New Delhi and if the proceedings are transferred from Amravati to
Nagpur, it will be convenient for him to attend the same from New Delhi.
It is submitted that non-applicant is presently residing at Wardha and it
will also be convenient for her to attend the proceedings at Nagpur.
According to the applicant, he will bear the travelling expenses of the
non-applicant and hence, it is prayed that the proceedings be so
transferred.
4. The application is opposed by the non-applicant by filing
reply. It is submitted that though the non-applicant was pursuing her
studies at Wardha, those studies would be completed by the end of May-
June 2017 after which the non-applicant would again start residing at
Amravati. It is submitted that it will not be convenient for the non-
applicant to travel from Amravati to Nagpur as the children are taking
education at Amravati.
5. I have perused the application as well as the reply filed on
record. There are in all three proceedings filed by the parties against each
other. All these proceedings are pending at Amravati. Insofar as the
education of the non-applicant being undertaken at Wardha is concerned,
the certificate dated 6.3.2017 issued by the Jawaharlal Nehru Medical
College, Sawangi (Meghe), Wardha indicates that the final examination of
M.D. (Pharmacology) course which the non-applicant is pursuing, will be
held in the month of May-June 2017. In paragraph 12 of the reply it has
been stated that thereafter the non-applicant will reside at Amravati along
with her mother. Considering this aspect of the matter, I do not find that
the reasons furnished by the applicant are such that the proceedings
deserve to be transferred from Amravati to Nagpur. The proceedings filed
by the applicant are also at Amravati. The convenience of the applicant
can be taken care of by directing that all the three proceedings at
Amravati shall be fixed on one and the same date to enable the applicant
to attend all or any of the cases whenever his presence is required.
6. In view of aforesaid, the prayer for transfer of the
proceedings from Amravati to Nagpur stands rejected. However, the
proceedings pending before the Family Court at Amravati as well as the
proceedings under the Protection of Women From Domestic Violance Act,
2005 pending before the learned Judicial Magistrate, First Class, Amravati
shall be taken up on the same date to enable the parties to attend the
same whenever their presence is required. Miscellaneous Civil
Application is disposed of. No costs.
A. S. CHANDURKAR, J
joshi
