Bombay High Court
Yogita W/O Shivdas Gondane vs Shivdas S/O Gautam Gondane on 1 February, 2021
Bench: Swapna Joshi
1/4 45.mca.331.2019.(Judg)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION NO. 331 OF 2019
Yogita w/o Shivdas Gondane
Aged about 28 Years, Occupation-
Household, Resident at - C/o Bhimrao
Vahane, Post Parasmandal, Tahsil
Nandgaon Khandeshwar, District
Amravati. ... APPLICANT
VERSUS
Shivdas s/o Gautam Gondane
(Asst. Storekeeper),
Aged about 35 Years, Occupation-Service;
C/o in the office of Executive Engineer
(PWD No.1) Potegaon Gadchiroli, Tahsil
and District Gadchiroli.
[Amended as per order dated 4/9/2019] ... NON-APPLICANT
Mr. S. G. Ramteke, 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 Counsel for Applicant. None appears for the
Non-applicant though served.
2/4 45.mca.331.2019.(Judg)
2. By this Application, Applicant seeks transfer of the Special
Marriage Petition No. 1/2018 pending on the file of the District Judge
at Gadchiroli to the Family Court at Amravati.
3. The marriage between the Applicant and the Non-applicant
took place as per the Special Marriage Act at Amravati on 10/2/2014.
It is submitted that for few days the Applicant and Non-applicant
cohabited properly, however, thereafter the non-applicant started
illtreating the Applicant, and therefore, she was constrained to leave
the matrimonial house and proceeded to the parental home. The
Applicant has filed proceedings under the provisions of Protection of
Women from Domestic Violence Act against the Non-applicant at
Amravati, as she is residing with her parents at Amravati.
4. It is submitted that the Non-applicant has filed Petition for
divorce against the Applicant before the District Judge at Gadchiroli
bearing SMP No.1/2018. It is submitted that the distance between
Amravati to Gadchiroli is around 400 kms. away. Therefore, it is
difficult for the Applicant to attend each and every date in the Divorce
3/4 45.mca.331.2019.(Judg)
Petition which is pending before the District Judge at Gadchiroli. It is,
therefore, requested to transfer the Special Marriage Petition
No.1/2018 from the District Judge at Gadchiroli to the Family Court at
Amravati.
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 aforesaid circumstances, it would be just
and proper to transfer the Special Marriage Petition No.1/2018
pending before the learned District Judge at Gadchiroli to the Family
Court at Amravati. Hence, the following order.
ORDER
(i) Misc. Civil Application No. 331 of 2019 is allowed.
(ii) The proceedings i.e. Special Marriage Petition No. 1/2018
pending on the file of District Judge at Gadchiroli is hereby
transferred to the Family Court at Amravati.
4/4 45.mca.331.2019.(Judg)
(iii) Parties to appear before the Family Court at Amravati on 18 th
February, 2021.
7. Rule is made absolute in aforesaid terms. There shall be no
order as to costs.
[MRS. SWAPNA JOSHI, J.]
Yadav VG
