Bombay High Court
Yamini W/O Sushant Ragade vs Sushant S/O Prabhkar Ragade on 2 February, 2021
Bench: Swapna Joshi
1 923.MCA. NO. 1090-2019 JUDGMENT.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISCELLANEOUS CIVIL APPLICATION NO. 1090 OF 2019
Yamini W/o Sushant Ragade,
Aged about 31 years,
Occ. Housewife,
R/o. C/o. Deepak Meshram,
Meenaldeep, Plot No.8 & 9, near
Divya Nagari Bus Stop, Godhani
Road, Chandrikapure Lay Out,
Godhani, Nagpur. .. APPLICANT
...Versus...
Sushant S/o Prabhakar Ragade,
Aged about 32 years, Occ. Service,
R/o. Flat No. 703, Trimurti Sangam
Apartment, near Major Rane School,
Pune-411005. ..NON-APPLICANT
-----------------------------------------------
Shri A.Z. Gharde, Advocate for the Applicant.
Shri S.P Kshirsagar, 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 21:38:05 :::
2 923.MCA. NO. 1090-2019 JUDGMENT.odt
2. By this Application, the applicant/wife seeks
transfer of H.M.P. No.A-1150/2019 instituted by the non-
applicant/husband, pending on the file of Family Court, Pune to
the Family Court No. IV at Nagpur.
3. The applicant/wife is a legally wedded wife of the
non-applicant/husband. The marriage was solemnized on
17.06.2018 at Ladies Club, Civil Lines, Nagpur. It is submitted
that 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 Nagpur.
4. On 30.09.2019, the non-applicant/husband has filed
the petition before the Family Court, Pune for the dissolution of
marriage under Section 13(1)(i-a), (3) of the Hindu Marriage
Act vide Petition No. 1150/2019.
5. Shri Gharde, the learned counsel for the applicant/
wife, submitted that on 05.11.2019, the applicant/wife has
preferred the petition for restitution of conjugal rights under
Section 9 of the Hindu Marriage Act, before the learned Family
Court, Nagpur vide Petition No. A-1377/2019. It is further
::: Uploaded on - 04/02/2021 ::: Downloaded on - 25/08/2021 21:38:05 :::
3 923.MCA. NO. 1090-2019 JUDGMENT.odt
submitted that the applicant/wife finds it very difficult to attend
the Court proceedings at Pune, which is at a distance of about
900 kms., from Nagpur. At present she is staying with her
parents at Nagpur, and therefore, the proceedings pending at
Pune be transferred to the Family Court at Nagpur.
6. Shri Kshirsagar, the learned counsel for the non-
applicant/husband has vociferously opposed the said
application.
7. 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.
8. Considering the aforesaid circumstances, it would be
just and proper to transfer H.M.P. No. A-1150/2019 pending on
the file of Family Court, Pune to the Family Court No. IV at
Nagpur.
ORDER
i. Misc. Civil Application No. 1090/2019 is allowed.
4 923.MCA. NO. 1090-2019 JUDGMENT.odt
ii. The proceedings bearing H.M.P. No. A-1150/2019
pending on the file of Family Court, Pune are
transferred to the Family Court No. IV at Nagpur.
iii. Parties to appear before the Family Court No. IV
at Nagpur on 05/03/2021.
9. Rule is made absolute in aforesaid terms. There
shall be no order as to costs.
( MRS. SWAPNA JOSHI, J.)
S.D.Bhimte
