Bombay High Court
Sau. Trupti W/O Ravi Shahade ... vs Ravi S/O Ramdasji Shahade on 2 February, 2021
Bench: Swapna Joshi
1 14.MCA. NO. 14-2020 JUDGMENT.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISCELLANEOUS CIVIL APPLICATION NO. 14 OF 2020
Sau. Trupti w/o Ravi Shahade,
Trupti Bholenath Shrirao,
Aged about 28 years, Occ. Nil,
R/o Plot No. 418, Om Sai Nagar,
Koradi Road, Nagpur. .. APPLICANT
...Versus...
Ravi s/o Ramdasji Shahade,
Aged about 34 years, Occ. Service,
R/o Neelkamal Apartments, Room
No. 305, Sector 22, Kamothe,
New Mumbai. ..NON-APPLICANT
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Shri R.A. Bhoyar, Advocate for the Applicant.
Shri N.R. Bhishikar, 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.
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2 14.MCA. NO. 14-2020 JUDGMENT.odt
2. By this Application, the applicant/wife seeks
transfer of H.M.P. No. A-452/2018 instituted by the non-
applicant/husband, pending on the file of Civil Judge, Senior
Division, Panvel, New Bombay to the Family Court at Nagpur.
3. The applicant/wife is a legally wedded wife of the
non-applicant/husband. The marriage was solemnized on
08.06.2017 at Jawahar Vidhyarthi Gruh, Civil Lines, Nagpur.
After the marriage, the applicant/wife started cohabiting with
the non-applicant/husband at Kamothe, New Bombay. 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. The non-applicant/husband has filed H.M.P. No.
452/2018 for restitution of conjugal rights under Section 9 of
the Hindu Marriage Act.
5. Shri Bhoyar, the learned counsel for the
applicant/wife submitted that Panvel is at a distance of 1000 to
1200 kms. from Nagpur, and therefore, it is very difficult for the
applicant/wife to attend the proceedings at Panvel, as she has
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3 14.MCA. NO. 14-2020 JUDGMENT.odt
no source of income. It is therefore requested that the petition
filed by the non-applicant/husband be transferred from Civil
Judge, Senior Division, Panvel, New Bombay to the Family
Court at Nagpur.
6. Shri Bhishikar, the learned counsel for the non-
applicant/husband has vociferously opposed the said
application contending that no sufficient grounds are made out
for transfer of petition from one place to another.
7. Learned counsel appearing for both the parties
jointly submit that they wish to settle the matter amicably.
8. 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.
9. Considering the aforesaid circumstances, it would be
just and proper to transfer H.M.P. No. A-452/2018 pending on
the file of Civil Judge, Senior Division, Panvel, New Bombay to
the Family Court at Nagpur.
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4 14.MCA. NO. 14-2020 JUDGMENT.odt
ORDER
i. Misc. Civil Application No. 14/2020 is allowed.
ii. The proceedings bearing H.M.P. No. A-452/2018
pending on the file of Civil Judge, Senior
Division, Panvel, New Bombay are transferred to
the Family Court at Nagpur.
iii. Parties to appear before the Family Court at
Nagpur on 22/02/2021.
iv. The Family Court, Nagpur to make earnest
endeavor to settle the matter.
10. Rule is made absolute in aforesaid terms. There
shall be no order as to costs.
( MRS. SWAPNA JOSHI, J.)
S.D.Bhimte
