Bombay High Court
Mrs. Smita W/O Mayuresh Karve vs Mr. Mayuresh S/O Shrikant Karve on 17 February, 2021
Bench: Swapna Joshi
1 925.MCA. NO. 1101-2019 JUDGMENT.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION NO. 1101 OF 2019
Mrs. Smita W/o Mayuresh Karve,
Aged about 33 years, Occ. Housewife,
R/o. C/o. Naresh Sahare 15, Gudluck
Society, Yashoda Nagar near Part-II,
Jaytala, Nagpur. .. APPLICANT
...Versus...
Mr. Mayuresh S/o Shrikant Karve,
Aged about 35 years, Occ. Service,
R/o.13, Nilkanth Chhaya, Co-operative
Housing Society, Datta Lane, Gaon devi
Chowk, Kalyan West. ..NON-APPLICANT
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Mrs. S.P. Dhotre, Advocate for the Applicant.
None for the Non-applicant.
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CORAM : MRS. SWAPNA JOSHI, J.
DATED : 17th FEBRUARY, 2021.
ORAL JUDGMENT :-
Rule. Rule is made returnable forthwith. Heard
finally by consent of learned counsel appearing for the
applicant.
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2 925.MCA. NO. 1101-2019 JUDGMENT.odt
2. Non-applicant/husband is absent though served.
3. By this Application, the applicant/wife seeks
transfer of M.P. No. 441/2019 instituted by the
non-applicant/husband, pending on the file of Civil Judge,
Senior Division, Kalyan, District Thane to the Family Court
No.2, at Nagpur.
4. The applicant/wife is a legally wedded wife of the
non-applicant/husband. The marriage was solemnized between
the applicant and non-applicant on 18.12.2016 at Nagpur. After
the marriage, the applicant started residing with the non-
applicant at Kalyan. It is alleged that as the non-applicant has
deserted the applicant without any reason, she started residing
with her parents at Nagpur.
5. Mrs. Dhotre, the learned counsel for the applicant,
submitted that the applicant has filed petition for restitution for
conjugal rights against the non-applicant, which is pending
before the Family Court No.2 at Nagpur.
6. The non-applicant has filed petition under Section
13(1)(i)(a)(b) of the Hindu Marriage Act for dissolution of
Marriage, which is pending before the Civil Judge, Senior
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3 925.MCA. NO. 1101-2019 JUDGMENT.odt
Division, Kalyan.
7. Mrs. Dhotre, the learned counsel for the applicant
submitted that the applicant is physically disabled person and
unable to move from Nagpur to Kalyan, so also, she is not in a
financial condition to attend the Court proceedings at Kalyan.
She therefore requested that matter be transferred from Civil
Judge, Senior Division, Kalyan, District Thane to the Family
Court No.2, at Nagpur.
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 facts and circumstances, it
would be just and proper to transfer M.P. No. 441/2019,
pending on the file of Civil Judge, Senior Division, Kalyan,
District Thane to the Family Court No.2, at Nagpur.
ORDER
i. Misc. Civil Application No. 1101/2019 is allowed.
4 925.MCA. NO. 1101-2019 JUDGMENT.odt
ii. The proceedings bearing M.P. No. 441/2019,
pending on the file of Civil Judge, Senior
Division, Kalyan, District Thane are transferred to
the Family Court No.2, at Nagpur.
iii. Parties to appear before the Family Court No.2, at
Nagpur on 06/03/2021.
10. Rule is made absolute in aforesaid terms. There
shall be no order as to costs.
( MRS. SWAPNA JOSHI, J.)
S.D.Bhimte
