Sau. Sonal W/O Nilesh Guru vs Shri Nilesh S/O Madhukarraoji ...
2021 Latest Caselaw 2324 Bom

                                         1         932.MCA. NO. 417-2020 JUDGMENT.odt




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH : NAGPUR

      MISCELLANEOUS CIVIL APPLICATION NO. 417 OF 2020

        Sau. Sonal w/o Nilesh Guru
        Age 27 years, Occ. Nil,
        R/o. C/o. Shatrughnji Nannaware,
        Ramnagar Ward No. 19, Gadchiroli,
        Ta.& Dist. Gadchiroli.                                .. APPLICANT

               ...Versus...

        Shri Nilesh S/o Madhukarraoji Guru
        Age 30 years, Occ. Agriculturist,
        R/o. Ward No. 16, Gandhi Chouk,
        Mowad, Ta. Narkhed, Dist. Nagpur.                    ..NON-APPLICANT

 -----------------------------------------------
 Shri Vijay N. Morande, Advocate for the Applicant.
 Shri Tarun Parmar, Advocate for the Non-applicant.
 -----------------------------------------------

                               CORAM : MRS. SWAPNA JOSHI, J.
                               DATED    : 04th FEBRUARY, 2021.

  ORAL JUDGMENT :-


                   Rule. Rule is made returnable forthwith. Heard

 finally by consent of learned counsel appearing for the

 respective parties.


 2.                By     this    Application,   the      applicant/wife           seeks

 transfer of H.M.P. No. 292/2020 instituted by the non-


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                                          2         932.MCA. NO. 417-2020 JUDGMENT.odt




 applicant/husband, pending on the file of 3rd Jt. Civil Judge,

 Senior Division,              Nagpur to the Court of Civil Judge, Senior

 Division, Gadchiroli.


 3.                The applicant/wife is a legally wedded wife of the

 non-applicant/husband. The marriage was solemnized between

 the applicant/wife and non-applicant/husband on 18.05.2020

 at Gadchiroli as per customs of their tribe. After the marriage,

 the        applicant/wife            started     cohabiting          with          the

 non-applicant/husband at Narkhed. It is submitted that due to

 illtreatment at the hands of 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

 Gadchiroli.


 4.                On 15.10.2020, the applicant/wife filed proceedings

 under Protection of Women from Domestic Violence Act, 2005

 vide      P.W.D.V.A. No.           29/2020     before   the     Chief       Judicial

 Magistrate, Gadchiroli.


 5.                On 26.10.2020, the non-applicant/husband has filed

 divorce Petition No. 292/2020 before the Civil Judge, Senior

 Division, Nagpur.


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 6.                Shri Morande, the learned counsel for the applicant/

 wife submits that the applicant/wife has no source of income

 and financially she is not sound to attend the Court proceedings

 at Nagpur, which is at a distance of about 170 kms., from

 Gadchiroli, so also on the medical grounds, she is unable to

 travel. It is further submitted that the non-applicant/husband

 attends the proceedings at Gadchiroli.


 7.                Shri Parmar, the learned counsel for the non-

 applicant/husband             has   vociferously       opposed          the      said

 application contending that the applicant/wife can attend the

 Court proceedings at Nagpur.


 8.                Learned counsel appearing for both the parties

 jointly submit that they wish 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 &

 in the case of Bhartiben Ravibhai Rav Vs. Ravibhai Govindbhai

 Rav, reported in 2018(2) ALL MR 864 (S.C) has observed that

 the wife's convenience must be considered in matrimonial

 proceedings, particularly when the husband has filed the

 petition against her.


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                                         4          932.MCA. NO. 417-2020 JUDGMENT.odt




     10.               Considering the aforesaid circumstances, it would be

     just and proper to transfer H.M.P. No. 292/2020 pending on the

     file of 3rd Jt. Civil Judge, Senior Division, Nagpur to the Court of

     Civil Judge, Senior Division, Gadchiroli.


                                      ORDER

i. Misc. Civil Application No. 417/2020 is allowed.

ii. The proceedings bearing H.M.P. No. 292/2020 pending on the file of 3rd Jt. Civil Judge, Senior Division, Nagpur are transferred to Court of Civil Judge, Senior Division, Gadchiroli.

iii. Parties to appear before the Court of Civil Judge, Senior Division, Gadchiroli on 01/03/2021.

iv. The Civil Judge, Senior Division, Gadchiroli to make earnest endeavour to refer the matter for mediation, as both the parties are ready for settlement.

11. Rule is made absolute in aforesaid terms. There

shall be no order as to costs.

( MRS. SWAPNA JOSHI, J.) S.D.Bhimte