Kaveri @ Alis S/O Bipin Sathe ... vs Bipin S/O Vilas Sathe
2021 Latest Caselaw 2052 Bom

                                    1/4                      50.mca.1032.2019.(Judg)



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

                     MISC. CIVIL APPLICATION NO. 1032 OF 2019


           Kaveri Alias Bipin Sathe
           (Kaveri Prasad Bharati)
           Aged about 25 Years, Occu - Household;
           Resident at - Behind Petrol Pump,
           Pratapnagar, New Collector Colony,
           Watika Vihas, Tahsil and District Nagpur.                  ... APPLICANT

                   VERSUS

           Bipin s/o Vilas Sathe
           Aged 30 Years, Occupation - Business;
           Resident at - Robert Joseph House No.
           2/2/18, Shantipura, Aurangabad.                        ... RESPONDENT


Mr. R. A. Bhoyar, (Appointed) Advocate for Applicant.
None for the Non-applicant.


                                   CORAM   :    MRS. SWAPNA JOSHI, J.
                                   DATE    :    FEBRUARY 1, 2021.

JUDGMENT

. Rule. Rule is made returnable forthwith. Heard finally with

consent of the learned (Appointed) Counsel for Applicant. None

appears for the Non-applicant though served.

2/4 50.mca.1032.2019.(Judg)

2. By this Application, Applicant seeks transfer of the Petition

No. A/277/2018 pending on the file of Family Court, Aurangabad to

Family Court at Nagpur.

3. The marriage between the Applicant and the Respondent

solemnized at Nagpur on 26th October, 2017 as per the custom and

rites prevailing in Christian religion. It is alleged that the Respondent

illtreated the Applicant on the count of dowry. It is alleged that the

Respondent drove the Applicant from her matrimonial home, therefore,

she was constrained to stay with her widow mother at Nagpur, who is a

labourer.

4. The Respondent has filed Petition for restitution of conjugal

rights bearing Petition No. A/277/2018 before the Family Court at

Aurangabad. It is submitted that the Applicant is not in a sound

financial condition to attend each and every date from Nagpur to the

Family Court at Aurangabad. It is, therefore, requested to transfer the

Petition filed by the Respondent bearing No. A/277/2018 from the

Family Court at Aurangabad to the Family Court at Nagpur.

3/4 50.mca.1032.2019.(Judg)

5. The Hon'ble Apex Court in the matter of Sumita Singh V/s

Kumar Sanjay & Anr. Reported in AIR 2002 SC 396 has observed that

wife's convenience must be considered in matrimonial proceedings,

particularly when the husband has filed the petition against her.

6. Considering the fact that the Applicant is not in a sound

financial condition to attend each and every date at Family Court,

Aurangabad, which is far away from Nagpur City, so also it is well

settled that wife's convenience must be considered in matrimonial

proceedings, particularly when the husband has filed the petition

against her, it would be just and proper to transfer the Petition No.

A/277/2018 pending on the file of Family Court at Aurangabad to the

Family Court at Nagpur. Hence, the following order.

ORDER

(i) Misc. Civil Application No. 1032 of 2019 is allowed.

(ii) The Petition No. A/277/2018 pending on the file of the Family

Court at Aurangabad is hereby transferred to the Family Court at

Nagpur.

4/4 50.mca.1032.2019.(Judg)

(iii) Parties to appear before the Family Court at Nagpur on 22 nd

February, 2021.

(iv) Advocate Fees of the learned (Appointed) Counsel for the

Applicant be quantified by the High Court Legal Services Sub-

Committee, Nagpur, as per the rules.

7. Rule is made absolute in aforesaid terms. There shall be no

order as to costs.

[MRS. SWAPNA JOSHI, J.] Yadav VG