Bombay High Court
Smt. Rekha Alias Mitali W/O ... vs Pramodkumar Pandharinath Ghule on 2 February, 2021
Bench: Swapna Joshi
1 921.MCA. NO. 889-2019 JUDGMENT.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISCELLANEOUS CIVIL APPLICATION NO. 889 OF 2019
Smt. Rekha Alias Mitali W/o
Pramodkumar Ghule,
Aged about 41 years,
Occ. Housewife,
R/o. C/o Vithalrao Dharmaji
Manwar, House no. 1, Gurumauli
Society, Old Umersara, Yavamal,
Tq. & Dist. Yavatmal. .. APPLICANT
...Versus...
Pramodkumar Pandharinath Ghule,
Aged about 50 years, Occ. Service,
R/o. Jawahar Colony, Near Hudko,
Parbhani, Tq. Parbhani,
Dist. Parbhani. ..NON-APPLICANT
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Shri A.D. Tote, Advocate for the Applicant.
Shri V.D. Darne, Advocate for the Non-applicant.
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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.
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2 921.MCA. NO. 889-2019 JUDGMENT.odt
2. By this Application, the applicant/wife seeks
transfer of M.A. No. 49/2019 instituted by the
non-applicant/husband, pending on the file of District &
Sessions Judge-1, Parbhani to the District Court, Yavatmal and
also transfer of H.M.P. No. 76/2019 instituted by the non-
applicant/husband, pending on the file of Civil Judge, Senior
Division, Parbhani to the Court of Civil Judge, Senior Division,
Yavatmal.
3. The applicant/wife is a legally wedded wife of the
non-applicant/husband. The marriage was solemnized on
28.01.1996 at Parbhani in accordance with Buddha rites and
rituals. Out of the said wedlock they are having two children.
Son is 23 years old and daughter is 13 years old. Due to
illtreatment at the hands of the non-applicant/husband, the
applicant/wife was constrained to leave the house of the non-
applicant/husband and started staying at her parental house at
Yavatmal.
4. On 06.03.2018, the applicant/wife has filed
proceedings under Section 12 of the Protection of Women from
Domestic Violence Act, 2005 vide Misc. Criminal Case
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3 921.MCA. NO. 889-2019 JUDGMENT.odt
No. 48/2018 in the Court of Chief Judicial Magistrate,
Yavatmal.
5. On 01.03.2019, the non-applicant/husband has filed
an application before the Principal District and Sessions Judge,
Parbhani bearing M.A. No. 49/2019 for the custody of his
children. The non-applicant/husband has also filed a petition
under Section 9 of the Hindu Marriage Act, before the Civil
Judge, Senior Division, Parbhani bearing No.76/2019 for
restitution of conjugal rights.
6. Shri Tote, the learned counsel for the applicant/wife
vehemently contended that the applicant/wife is having two
children with her, she has to look after them and she is not a
working lady. It is submitted that non-applicant/husband
attends the proceedings filed by the applicant/wife at Yavatmal.
In these circumstances, the proceedings filed by the non-
applicant/husband be transferred from Parbhani to Yavatmal.
7. Shri Darne, the learned counsel for the non-
applicant/husband vehemently opposed the said application
contending that he is having old mother and he has to take care
of her and every now and then he has to take leave to attend
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4 921.MCA. NO. 889-2019 JUDGMENT.odt
the court proceedings at Yavatmal.
8. Learned counsel appearing for both the parties
jointly submitted that the parties want to settle the matter
amicably.
9. The Hon'ble Apex Court in the case of Sumita Singh
vs. Kumar Sanjay and another, reported in AIR 2002 SC 396 has
observed that the wife's convenience must be considered in
matrimonial proceedings, particularly when the husband has
filed the petition against her.
10. As it has come to the notice of this Court that Family
Court is established at Yavatmal, the learned counsel for the
applicant/wife requested to transfer the said proceedings to the
Family Court at Yavatmal instead of District Court, Yavatmal.
11. Considering the aforesaid circumstances, it would be
just and proper to transfer M.A. No. 49/2019 pending on the
file of District & Sessions Judge-1, Parbhani and also transfer
H.M.P. No. 76/2019 pending on the file of Civil Judge, Senior
Division, Parbhani to the Family Court at Yavatmal.
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5 921.MCA. NO. 889-2019 JUDGMENT.odt
ORDER
i. Misc. Civil Application No. 889/2019 is allowed.
ii. The proceedings bearing M.A. No. 49/2019
pending on the file of District & Sessions Judge-1,
Parbhani and H.M.P. No. 76/2019 pending on the
file of Civil Judge, Senior Division, Parbhani are
transferred to the Family Court at Yavatmal.
iii. Parties to appear before the Family Court at
Yavatmal on 18/02/2021.
iv. The Family Court, Yavatmal to make earnest
endeavor to settle the matter.
12. Rule is made absolute in aforesaid terms. There
shall be no order as to costs.
( MRS. SWAPNA JOSHI, J.)
S.D.Bhimte
