Bombay High Court
Sau. Pooja W/O Akashsingh Chauhan vs Akashsingh S/O Sureshsingh ... on 15 December, 2021
Bench: V.M. Deshpande
1 MCA174.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
MISC. CIVIL APPLICATION (Tr.) NO. 174 OF 2021
APPLICANT : Sau. Pooja W/o Akashsingh Chauhan,
Age 28 years, Occupation - Nil
R/o PWD Colony, Dhanora Road,
Near Honda City Showroom,
Gandhi Chouk, Gadchiroli.
VERSUS
NON-APPLICANT : Akashsingh S/o Sureshsingh Chauhan,
Age 35 years, Occupation Service,
R/o Jai Bhole Nagar, Ward No.2,
Minal Chouk, Khaparkheda,
Tah. & Dist. Nagpur.
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Mr. V. N. Morande, Advocate for the applicant.
Ms. Hindustani, Advocate h/f Mr. A. N. Ansari, Advocate for
the non-applicant.
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CORAM : V. M. DESHPANDE, J.
DATE : DECEMBER 15, 2021.
ORAL JUDGMENT
1. Rule. Rule is made returnable forthwith. Heard finally
by consent of the learned counsel for the parties.
2. Heard Mr. V. N. Morande, learned counsel for the
applicant and Ms. Hindustani, learned counsel holding for Mr. A. N.
2 MCA174.21.odt
Ansari, learned counsel for the non-applicant.
3. This is an application moved by the applicant/wife
under Section 24 of the Code of Civil Procedure, seeking transfer of
Hindu Marriage Petition No. 523/2019 filed by the non-applicant/
husband under Section 9 of the Hindu Marriage Act, 1955 for
restitution of conjugal rights in the Court of learned 2 nd Joint Civil
Judge, Senior Division, Nagpur, to the Court of learned Civil Judge,
Senior Division, Gadchiroli.
4. Mr. Morande, learned counsel for the applicant
submitted that the applicant/wife has already filed the proceedings
under Protection of Women from Domestic Violence Act at Gadchiroli
Court and in the said proceeding, the non-applicant/husband has
participated.
5. This particular statement of fact is not at all disputed by
the learned counsel appearing for the non-applicant.
6. Looking to the fact that the applicant/wife is residing at
Gadchiroli along with her parents where the proceedings under the
3 MCA174.21.odt
Domestic Violence Act are filed at her behest and she is not having
any source of income, so also looking to the fact that the non-
applicant/husband is already participating in the said proceeding, in
my view, there will be no prejudice to the husband if the proceedings
filed by him at Nagpur are transferred to the Court at Gadchiroli.
That leads me to pass the following order :
ORDER
1. Misc. Civil Application No. 174/2021 is allowed.
2. It is hereby directed that Hindu Marriage Petition No.
523/2019, pending on the file of learned 2 nd Joint Civil
Judge, Senior Division, Nagpur be transferred to the
Court of learned Civil Judge, Senior Division, Gadchiroli.
3. It shall be open for the non-applicant/husband to file
appropriate application before the learned Judge, trying
both these proceedings, to get the same date.
4. With these directions, the application is disposed of.
Rule is made absolute. No order as to costs.
JUDGE
Diwale
Digitally signed byPARAG
PRABHAKARRAO DIWALE
Signing Date:16.12.2021
17:26
