Bombay High Court
Mrs. Ashwini Sachin Pattiwar vs Sachin Linganna Pattiwar on 10 February, 2021
Bench: Swapna Joshi
1/4 916.mca.74.2021.(Judg)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION NO. 74 OF 2021
Mrs. Ashwini Sachin Pattiwar
Aged 31 years, Occupation - Service;
Resident at - C/o Shri Devanand Rajaram
Laxtiwar, Pragati Colony, Station Road,
Bhandara - 441904. ... APPLICANT
VERSUS
Sachin Linganna Pattiwar
Aged 34 Years, Occupation - Service;
Resident at - Flat No. E-201, Shagun
Society Behind Gavkari Hotel, At post
Kiwale, Dehu Road, District Pune -
412101.
Permanent Address : Sachin s/o Linganna
Pattiwar, Near Hanuman Mandir, Surabhi
Society, Umarsaraa, Yavatmal - 445 002. ... RESPONDENT
Mr. O. A. Ghare, Advocate for Applicant.
Mr. N. B. Kalwaghe, Advocate for Respondent.
CORAM : MRS. SWAPNA JOSHI, J.
DATE : FEBRUARY 10, 2021.
ORAL JUDGMENT
. Rule. Rule is made returnable forthwith. Heard finally with
consent of the learned Counsel for both sides.
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2/4 916.mca.74.2021.(Judg)
2. By this Application, Applicant is seeking transfer of the
Hindu Marriage Petition No.156/2018 pending on the file of 10 th Jt.
Civil Judge Senior Division, Pune to the Family Court at Bhandara.
3. The marriage between Applicant and Respondent was
solemnized on 21/6/2014. It is submitted by the learned Counsel for
Applicant that after marriage for some period relations between the
parties were cordial, however, thereafter due to the illtreatment at the
hands of Respondent, Applicant was constrained to leave the
matrimonial house from Pune and started residing with her parents at
Bhandara. It is submitted that Applicant - wife has filed petition for
restitution of conjugal rights at Civil Judge Senior Division, Bhandara,
which is now transferred to the Family Court, Bhandara.
4. It is submitted that the Respondent attends the court at
Bhandara. It is further submitted that the Applicant - wife is working
woman and she finds it difficult to attend the proceedings filed by the
Respondent at Pune, as the distance between Pune to Bhandara is
about 770 kilometers away. Therefore, the Applicant prays for
transfer of the divorce petition filed by the Respondent bearing HMP
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3/4 916.mca.74.2021.(Judg)
No.156/2018 pending on the file of 10th Joint Civil Judge Senior
Division Pune to Family Court at Bhandara.
5. The learned Counsel for Respondent - husband submitted
that the proceedings under D. V. Act filed by the Applicant bearing
Misc. Criminal Application No. 2776/2020 pending on the file of 3 rd
Joint Civil Judge Junior Division, Pune be transferred to the Family
Court at Bhandara. The Respondent has filed counter-claim in that
regard. The learned Counsel for Applicant has no objection for the
same. In view of the above facts and circumstances, following order is
passed.
ORDER
(i) Misc. Civil Application No. 74 of 2021 is allowed.
(ii) The proceedings filed by the Respondent bearing HMP No.
156/2018 pending on the file of 10th Joint Civil Judge Senior
Division Pune is hereby transferred to the Family Court at
Bhandara.
(iii) The proceedings filed by the Applicant bearing Misc. Criminal
Application No. 2776/2020 pending on the file of 3 rd Joint Civil
4/4 916.mca.74.2021.(Judg)
Judge Junior Division, Pune is hereby transferred to the Family
Court at Bhandara.
(iv) Parties to appear before the Family Court at Bhandara on 25 th
February, 2021.
6. Rule is made absolute in aforesaid terms. There shall be no
order as to costs.
[MRS. SWAPNA JOSHI, J.]
Yadav VG
