Bombay High Court
Sau. Gayatri @ Jayashree Akhil ... vs Shri Akhil S/O Manohar Dussawar on 2 February, 2021
Bench: Swapna Joshi
1 15.MCA. NO. 82-2020 JUDGMENT.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISCELLANEOUS CIVIL APPLICATION NO. 82 OF 2020
Sau Gayatri @ Jayashree Akhil
Dussawar,
Age 26 years, Occ. Household,
R/o.C/o. Shri Rambhau Nandlawar
Ghonsa road, Maregao,
Taluka Maregao, District Yavatmal. .. APPLICANT
...Versus...
Shri Akhil S/o Manohar Dussawar
Age 32 years, Occ. Service, R/o
Near Shiv mandir, ITI square,
Panchavati nagar, ward no. 14,
Gadchiroli, Taluka and District
Gadchiroli. ..NON-APPLICANT
-----------------------------------------------
Ms. Kirti Deshpande, Advocate for the Applicant.
Ms. Niharika V. Chandak, Advocate for the Non-applicant.
-----------------------------------------------
CORAM : MRS. SWAPNA JOSHI, J.
DATED : 02nd FEBRUARY, 2021.
ORAL JUDGMENT :-
Rule. Rule is made returnable forthwith. Heard
finally by consent of learned counsel appearing for the
respective parties.
::: Uploaded on - 04/02/2021 ::: Downloaded on - 25/08/2021 21:38:09 :::
2 15.MCA. NO. 82-2020 JUDGMENT.odt
2. By this Application, the applicant/wife seeks
transfer of H.M.P. No. 121/2019 instituted by the non-
applicant/husband, pending on the file of Civil Judge, Senior
Division, Gadchiroli, District Gadchiroli to the Civil Judge,
Senior Division, Pandharkawda, District Yavatmal.
3. The applicant/wife is a legally wedded wife of the
non-applicant/husband. The marriage was solemnized on
22.05.2017 as per Hindu rituals at Bojariya Marriage Hall at
Wani. It is alleged that the non-applicant/husband started ill-
treating and harassing the applicant/wife, and therefore, she
was compelled to prefer a complaint under Section 12 of the
Protection of Women From Domestic Violence Act, 2005 before
the learned Judicial Magistrate First Class, Maregaon vide
Cri.M.A. No. 4/2019. She also preferred an application under
Section 125 of the Code of Criminal Procedure for maintenance
before the Court at Bhandara vide Application No. 57/2019.
The non-applicant/husband has instituted proceedings under
Section 13(1)(i-a) of the Hindu Marriage Act vide H.M.P.
No. 121/2019 before the learned Civil Judge, Senior Division,
Gadchiroli.
::: Uploaded on - 04/02/2021 ::: Downloaded on - 25/08/2021 21:38:09 :::
3 15.MCA. NO. 82-2020 JUDGMENT.odt
4. Ms. Deshpande, the learned counsel for the
applicant/wife submits that since the applicant/wife is having
one year child, she finds it very difficult to attend the Court
proceedings at Gadchiroli, which is at a distance of 170 kms.,
from Maregaon. At present she is staying with her parents at
Maregaon.
5. Ms. Chandak, the learned counsel for the non-
applicant/husband has vociferously opposed the said
application.
6. Learned counsel appearing for both the parties
jointly submit that they wish to settle the matter amicably.
7. After hearing both the sides, it is noticed that the
applicant/wife is having a small child, aged about one year, at
present she is staying with her parents at Maregaon and it is
very difficult for her to attend the Court proceedings at
Gadchiroli, the matter can be transferred to the Court of Civil
Judge, Senior Division, Pandharkawda, District Yavatmal.
8. The Hon'ble Apex Court in the case of Sumita Singh
vs. Kumar Sanjay and another, reported in AIR 2002 SC 396 has
::: Uploaded on - 04/02/2021 ::: Downloaded on - 25/08/2021 21:38:09 :::
4 15.MCA. NO. 82-2020 JUDGMENT.odt
observed that the wife's convenience must be considered in
matrimonial proceedings, particularly when the husband has
filed the petition against her.
9. Considering the aforesaid circumstances, it would be
just and proper to transfer H.M.P. No. 121/2019 pending on the
file of Civil Judge, Senior Division, Gadchiroli, District
Gadchiroli to the Civil Judge, Senior Division, Pandharkawda,
District Yavatmal.
ORDER
i. Misc. Civil Application No. 82/2020 is allowed.
ii. The proceedings bearing H.M.P. No. 121/2019
pending on the file of Civil Judge, Senior
Division, Gadchiroli, District Gadchiroli are
transferred to the Civil Judge, Senior Division,
Pandharkawda, District Yavatmal
iii. Parties to appear before the Civil Judge, Senior
Division, Pandharkawda, District Yavatmal on
18/02/2021.
iv. Learned Civil Judge, Senior Division,
Pandharkawda, District Yavatmal, to make efforts
to refer the matter for mediation.
5 15.MCA. NO. 82-2020 JUDGMENT.odt
10. Rule is made absolute in aforesaid terms. There
shall be no order as to costs.
( MRS. SWAPNA JOSHI, J.)
S.D.Bhimte
