Mr. Pandurang Supada Wadhe And ... vs Mrs. Arati Pandurang Wadhe
2021 Latest Caselaw 17594 Bom

Judgment

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                    NAGPUR BENCH, NAGPUR

       MISC.CIVIL APPLICATION (TRANSFER) NO.538 OF 2021

1. Mr.Pandurang Supada Wadhe
Age 35 years, occupation Architect
R/at c/o Aashirwad, plot No.28,
Savarkarnagar, Thane(W) 400606.

2. Mr.Supada Onkar Wadhe
Age 60 years, occupation retired
R/at Aashirwad, plot No.28,
Savarkarnagar, Thane(W) 400606.

3. Mrs.Pramila Supada Wadhe
Age 54 years, occupation service
R/at Aashirwad, plot No.28,
Savarkarnagar, Thane(W) 400606. ..... Applicants.

                            :: V E R S U S ::

Mrs.Arati Pandurang Wadhe
Age 27 years, occupation service Civil Engineer
R/at c/o Gajanan Sopan Gawhale,
Behind Pandav Hall, near new bus depot,
Ward No.8, Gayatrinagar,
Nandura, district Buldhana - 443404. ..... Non-applicant.
===================================
Shri T.J.Patil, Counsel with Shri Shahir Ansari, Adv. for Applicants.
None for the Non-applicant.
===================================

            CORAM       : V.M.DESHPANDE, J.

            DATE        : DECEMBER 17, 2021

ORAL JUDGMENT

1. On 21.10.2021, this Court issued Notice to the non-

applicant. In spite of service, the non-applicant is not appearing.

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Judgment

mca538.21 8

2. Heard learned counsel Shri T.J.Patil for applicants. Rule.

Rule made returnable forthwith. Heard finally. With able assistance of

learned counsel, I have gone through entire papers on record.

3. By this application under Section 24 of the Code of Civil

Procedure, applicant No.1, who is husband of the non-applicant, is

praying for transfer of proceeding filed by the non-applicant/wife under

the Protection of Women From Domestic Violence Act, 2005 (for short,

"the D.V.Act") before learned Judicial Magistrate First Class at Nandura,

which is registered as PWDV Application No.1/2021, to learned Judge,

Family Court at Thane or any other learned Judicial Magistrate First

Class at Thane.

4. According to applicant No.1, his marriage with the non-

applicant was solemnized on 7.7.2021. However, immediately the non-

applicant/wife left company of applicant No.1 and her matrimonial

house and started residing at her parental house at Nandura. According

to applicant No.1/husband, reason for transfer of proceeding filed under

the D.V.Act by the non-applicant/wife from learned Judicial Magistrate

First Class at Nandura to learned Judge, Family Court at Thane or any

other learned Judicial Magistrate First Class at Thane is that when he

went to Nandura for attending said the proceeding filed by the non-

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Judgment

mca538.21 8

applicant/wife, he was assaulted and, therefore, he has fear in his mind.

5. Papers, which are filed along with this application, show

that proceeding filed by applicant No.1/husband under Section 9 of the

Hindu Marriage Act, 1955 for restitution of conjugal rights is nothing

but a counter blast to proceeding filed by the non-applicant/wife under

the D.V.Act. Even, according to applicant No.1/husband, within a short

time of 3 months of his marriage, the non-applicant/wife left his

company. It appears that no step was taken by him seeking resumption

of cohabitation. Documents, annexed along with this application, show

that the non-applicant/wife filed proceeding under the D.V.Act against

applicant No.1/husband and others on 2.1.2021. Whereas, applicant

No.1/husband filed proceeding under Section 9 of the Hindu Marriage

Act, 1955 for restitution of conjugal rights on 3.2.2021 that too not after

filing of proceeding under the D.V.Act but after receipt of summons of

the said proceeding. Further, though applicant No.1/husband annexed

along with this application photographs of the alleged attack on him and

medical certificates, surprisingly on a specific query being put, learned

counsel for applicants submitted that those photographs and medical

certificates were done at Thane and not at Nandura. Photographs of

injuries do not take the case further inasmuch as nothing could be seen

from those photographs when those photographs are taken. Further,

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Judgment

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there is no medical certificate issued by Medical Officer.

6. In view of the aforesaid, no case is made out since I find

that the present application for transfer of proceeding filed by the non-

applicant/wife under the D.V.Act at Nandura to learned Judge, Family

Court at Thane is filed with an intention to harass the

non-applicant/wife by calling her from Nandura to Thane. The

Miscellaneous Civil Application is rejected and disposed of as such.

JUDGE

!! BRW !!Digitally signed by BHUSHAN BHUSHAN RANA RANA WANKHEDE WANKHEDE Date:

2021.12.18 15:43:50 +0530

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