Bombay High Court
Sau. Sneha Piyush Zinjuwadia vs Piyush Deepak Zinjuwadia on 31 October, 2017
Bench: P.N. Deshmukh
1 mca690.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION NO 690 OF 2017
Sau. Sneha Piyush Zinjuwadia, aged 26
years, occupation : housewife, r/o c/o
Dharmendra Dhandukiya, Arihant Niwas,
Kokan Wadi, Main Road, Murtizapur,
District Akola-444107. ... Applicant
- Versus -
Shri Piyush Deepak Zinjuwadia, aged
27 years, occupation : business,
r/o Shri Adinath Restaurant, near
S.T. Stand, Main Road, Saoner,
Tahsil Saoner, District Nagpur. ... Non-applicant
-----------------
Shri A.D. Ramteke, Advocate for applicant.
Shri D. Pathak, Advocate for non-applicant.
----------------
CORAM : P.N. DESHMUKH, J.
DATED : OCTOBER 31, 2017
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ORAL JUDGMENT :
Admit. Heard finally with consent of Shri Ramteke,
learned Counsel for applicant, and Shri Pathak, learned
Counsel for non-applicant.
2) By this application, it is prayed by applicant wife that
Hindu Marriage Petition No.125/2017 filed by non-applicant
husband for restitution of conjugal rights, which is pending on
the file of 4th Joint Civil Judge, Senior Division, Nagpur, be
transferred to the Court of Civil Judge, Senior Division, Akola.
Pending present application, this Court by interim order had
granted stay to further proceedings of Hindu Marriage Petition
No.125/2017.
3) Non-applicant pending this application has taken out
Civil Application No.1429/2017 and submitted that in addition
to the proceedings initiated by him for restitution of conjugal
rights as aforesaid, applicant wife has filed application under
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the provisions of Protection of Women from Domestic Violence
Act, 2005 being Criminal Application No.93/2017, which is
pending on the file of learned Judicial Magistrate, First Class,
Murtizapur and Hindu Marriage Petition No.72/2017 for
divorce, which is pending on the file of Civil Judge, Senior
Division, Akola.
4) The proceedings for restitution of conjugal rights are
initiated by non-applicant husband at Nagpur. It, therefore,
goes without saying that after initiating proceedings by
applicant as aforesaid at Murtizapur and Akola, non-applicant
has filed proceedings for restitution of conjugal rights at
Nagpur. As such, proceedings are pending at three different
Courts and non-applicant in that case is required to appear at
Courts at Murtizapur and Akola in addition to Court at Nagpur
wherein he has initiated proceedings for restitution of conjugal
rights.
5) Admittedly, applicant is residing at Murtizapur after
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there was matrimonial discord between the parties. It is thus
the case of applicant that it is not convenient for her to attend
proceedings initiated by non-applicant at Nagpur, which is
approximately 244 kms. from Murtizapur. It is also the case of
applicant that for attending proceedings at Nagpur, she is
required to be accompanied by some member of the family and
in that event, she would be required to incur heavy expenses.
6) In that view of the matter and having considered the
fact that applicant is admittedly residing at Murtizapur and has
also initiated proceedings for grant of divorce before Court of
Civil Judge, Senior Division, Akola, in the interest of both the
parties, it would be just and proper to transfer the proceedings
initiated by non-applicant by way of application for restitution
of conjugal rights, which is found pending in the Court of 4th
Joint Civil Judge, Senior Division, Nagpur to the competent
Court at Akola, though in that situation, non-applicant may be
required to travel from Nagpur to Akola. However, for the sake
of convenience, both Hindu Marriage Petition Nos.72/2017 and
5 mca690.17
125/2017 can be placed for hearing before one and same Court
or can be clubbed together by the concerned Court on an
application made by parties to that effect.
7) One of the prayers made in Civil Application
No.1429/2017 by non-applicant is also for transfer of
proceedings initiated by applicant under the provisions of
Protection of Women from Domestic Violence Act, 2005 to
Court at Akola. The prayer made appears to be reasonable in
view of the fact that proceedings initiated by non-applicant at
Nagpur since for convenience of applicant is allowed to be
transferred to Akola, non-applicant husband in that event would
be in a better position if proceedings under the provisions of
Protection of Women from Domestic Violence Act, 2005 are
also transferred to Court at Akola, which in that event may not
cause any inconvenience to applicant wife as she will have to
attend her divorce proceedings before Court at Akola. In the
circumstances, proceedings initiated by applicant under the
provisions of the Protection of Women from Domestic Violence
6 mca690.17
Act, 2005 being Criminal Application No.93/2017 also need to
be transferred to Akola.
8) In the result, miscellaneous civil application is
allowed. Criminal Application No.93/2017 filed by applicant
under the provisions of the Protection of Women from Domestic
Violence Act, 2005, which is pending on the file of learned
Judicial Magistrate, First Class, Murtizapur stand transferred to
competent Court at Akola.
Hindu Marriage Petition No.125/2017 filed by non-
applicant for restitution of conjugal rights, which is pending on
the file of 4th Joint Civil Judge, Senior Division, Nagpur shall
stand transferred to Court of Civil Judge, Senior Division, Akola
and shall be clubbed together to be heard by the same Court,
who is seized with Hindu Marriage Petition No.72/2017 filed by
applicant for divorce.
The parties to appear before the Court of Civil Judge,
Senior Division, Akola in Hindu Marriage Petition Nos. 72/2017
and 125/2017 on 13/11/2017 and before learned Judicial
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Magistrate, First Class, Akola in Criminal Application
No.93/2017 on the same date. Needless to say that all the
proceedings as far as possible be fixed for hearing on the same
date.
No order as to costs.
JUDGE
khj
