Bombay High Court
Anagha Shashikant Alias Pramod ... vs Shashikant Alias Pramod Narayan ... on 6 December, 2021
Bench: Mangesh S. Patil
48-mca83-21.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
48 MISC.CIVIL APPLICATION NO.83 OF 2021
ANAGHA SHASHIKANT ALIAS PRAMOD KAMBLE THR HER
NATURAL GUARDIAN SNEHA KAMBLE AND ANOTHER
VERSUS
SHASHIKANT ALIAS PRAMOD NARAYAN KAMBLE
...
Advocate for Applicants : R B Deshmukh
Advocate for respondent : Irpatgire
...
CORAM: MANGESH S PATIL,J.
DATE : 06.12.2021
P.C.:
This is an application under Section 24 of the Code of
Civil Procedure by the applicants who are the daughter and
wife of the respondent seeking transfer of a Divorce
proceeding filed by him and pending in the Court of Civil
Judge, Senior Division at Panvel to the family Court at Latur.
2] I have heard learned advocates of both the sides.
3] The learned advocate for the applicants submits that
since after the couple got separated, she has been residing
with her parents at Latur. Husband had instituted a
proceeding for restitution of conjugal rights under Section 9 of
the Hindu Marriage Act in the Family Court at Latur. The
applicants subsequently filed a proceeding for maintenance
under Section 125 of the Code of Criminal Proceeding in the
48-mca83-21.odt
Family Court at Latur. Thereafter he filed withdrew the
proceeding for restitution of conjugal rights and filed a
divorce proceeding in the Court at Panvel with an ulterior
motive to harass them. The wife has no source of income. The
distance between the two places is more than 500 Kms. It
would be difficult for her to travel from Latur to Panvel on her
own for defending the divorce proceeding. She has to look
after the four year old daughter. As against this the
respondent-husband is serving as an Officer in a bank.
Currently he is posted in Mumbai. Even otherwise, he will
have to travel to Latur in a proceeding under Section 125 of
the Cr.P.C. For the sake of convenience of the wife, the
divorce proceeding may be transferred from Panvel to Latur.
4] Learned advocate Mr.Irpatgire for the respondent
husband submits that currently the applicant has been
residing in Pune, therefore, it would be convenient for both
the sides to appear in any Court at Pune. The respondent
being in the employment of a bank it would cause hardship to
him if he is made to travel between Panvel and Latur and that
would affect his employment as well.
5] I have carefully considered the rival submissions. One
need not reproduce the catena of judgments of the Supreme
Court touching the aspect of such transfer of matrimonial
proceeding at the request of a wife. As has been held
repeatedly that her convenience should be of paramount
48-mca83-21.odt
consideration.
6] Bearing in mind the above proposition, it is conspicuous
that the respondent husband had filed a proceeding for
restitution of conjugal rights under Section 9 of the Hindu
Marriage Act at Latur but seems to have devised a mode to
some how see to it that the applicants suffer some hardship
else once having instituted a proceeding for restitution at
Latur he would not have chosen a place which is far away
from Latur.
7] Admittedly, a proceeding for maintenance under
Section 125 of the Cr.P.C. has been filed by wife which is
pending at Latur. The respondent husband will have to
defend that proceeding by going to Latur. As against this, it
would cause hardship to both the sides if the proceeding for
maintenance is allowed to go on at Latur and the divorce
proceeding at Panvel. Instead it would be appropriate if the
divorce proceeding is now transferred to Latur with a rider in
the form of a direction to all the Courts at Latur whichever
will be taking up these matters between the parties, to list all
these matters on the same date to obviate any avoidable
hardship.
8] The application is allowed. The Hindu Marriage Petition
No.106/2020 is transferred from the Court of Civil Judge,
Senior Division at Panvel to the Family Court at Latur. The
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parties shall appear before the Family Court at Latur on
03/01/2022 and there shall be no need for that Court to issue
any notice to them.
9] On such transfer, all the Courts taking up different
matters between the parties at Latur shall see to it that as far
as possible all these matters are listed on the same date till
those are disposed of.
[MANGESH S. PATIL,J.]
umg/
