Bombay High Court
Sau. Amrita Sachinsingh Chauhan ... vs Sachinsingh Laxmansing Chauhan ... on 18 February, 2021
Bench: Swapna Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION NO. 16 OF 2019
Sau. Amrita Sachinsing Chauhan
(Thakur)
Aged 25 years, Occupation - Household,
Resident at - C/o Smt. Rajnidevi Dixit,
Surbhi Layout, New Umarsara, Yavatmal,
Tahsil and District Yavatmal. ... APPLICANT
VERSUS
Sachinsing Laxmansing Chauhan
(Thakur)
Aged about 31 Years, Occupation -
Medical Representative, Resident at -
Dabki Road, Wankhade Nagar, Old City,
Akola, Tahsil and District Akola. ... RESPONDENT
Mr. Naveed Opai h/f Mr. M. N. Ali, Advocate for Applicant.
Mr. R. M. Tahaliyani, Advocate for Respondent.
CORAM : MRS. SWAPNA JOSHI, J.
DATE : FEBRUARY 18, 2021.
ORAL JUDGMENT
. Heard. Rule. Rule made returnable forthwith. Heard finally
with consent of the learned Counsel for both sides.
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2. By this Application, Applicant is seeking transfer of the
proceedings filed by the Respondent - husband bearing Marriage
Petition No. 182/2018 pending on the file of Family Court, Akola to
Family Court, Yavatmal.
3. The Applicant is legally wedded wife of the Respondent. It
is submitted that after marriage for some time the Applicant and
Respondent were cohabited properly, but thereafter the Respondent
started illtreating the Applicant. Therefore, the Applicant was
constrained to leave the matrimonial home and started residing with
her parents at Yavatmal, which is 160 kilometers away from Akola.
4. It is submitted that the Applicant has filed proceedings
under Section 12 of the Protection of Women from Domestic Violence
Act vide Misc. Criminal Application No. 107/2018 before the Judicial
Magistrate First Class, Yavatmal. So also she filed an application under
Section 125 of the Code of Criminal Procedure in the court of Judicial
Magistrate First Class, Yavatmal vide Misc. Criminal Application No.
106/2018. It is submitted that the Respondent has filed the Hindu
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Marriage Petition No. 182/2018 for restitution of conjugal rights in
Family Court, Akola.
5. The learned Counsel for Applicant submitted that now the
Applicant is living at the mercy of her parents in a very poor condition
and it is difficult for her to travel all alone to attend the court at Akola,
which is at a distance of 160 kilometers. It is submitted that her father
is suffering from heart disease and there is no one to accompany her to
Akola.
6. Per contra, the learned Counsel for Respondent vehemently
opposed the present Application contending that the Applicant can very
well attend the court at Akola, and therefore, the proceedings need not
be transferred from Akola to Yavatmal.
7. The Hon'ble Apex Court in the matter of Sumita Singh V/s
Kumar Sanjay & Anr. Reported in AIR 2002 SC 396 has observed that
wife's convenience must be considered in matrimonial proceedings,
particularly when the husband has filed the petition against her.
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8. Considering the aforesaid circumstances, it would be just
and proper to transfer the Hindu Marriage Petition No. 182/2018
pending on the file of the Family Court, Akola to the Family Court,
Yavatmal. Hence, the following order.
ORDER
(i) Misc. Civil Application No. 16 of 2019 is allowed.
(ii) The proceedings i.e. Hindu Marriage Petition No.182/2018
pending on the file of Family Court, Akola is hereby transferred to
the Family Court at Yavatmal.
(iii) Parties to appear before the Family Court, Yavatmal on 5 th March,
2021.
9. Rule is made absolute in aforesaid terms. There shall be no
order as to costs.
[MRS. SWAPNA JOSHI, J.]
Yadav VG
