Bombay High Court
Mrs. Samiksha Ashish Ingle vs Ashish Sangitrao Ingle on 24 February, 2021
Bench: Swapna Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION NO. 883 OF 2019
Mrs. Samiksha Ashish Ingle
Aged about 30 Years, Occu - Household;
C/o Vasantrao Sukhdeorao Girhe,
Resident at - 32/B, Gurukrupa Colony,
Rahatgaon Square, Nagpur Road,
Amravati, Tahsil and District Amravati. ... APPLICANT
VERSUS
Ashish Sangitrao Ingle
Aged 32 Years, Occupation - Service;
Resident at - C/o Shri Jagdish Chavhan,
Plot No.67, Sarvashri Nagar, Sushikshit
Colony, Near Shiv Mandir, Kalamna Road,
Nagpur - 440035.
Second Address :
R/o Plot No.48, Shikshak Colony, Bharat
Nagar, Kalamna Market, Bhandara Road,
Nagpur, Tahsil & District Nagpur.
Third Address :
Maharashtra State Electricity Distribution
Company Limited (MSEDCL), Kondhali,
Tahsil Kondhali, District Nagpur. ... RESPONDENT
Mr. S. S. Alaspurkar, Advocate for Applicant.
Mr. P. V. Bansod, Advocate for Respondent.
CORAM : MRS. SWAPNA JOSHI, J.
DATE : FEBRUARY 24, 2021.
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ORAL JUDGMENT
. Heard. Rule. Rule made returnable forthwith. Heard finally
with consent of the learned Counsel for both sides.
2. By this Application, Applicant is seeking transfer of Hindu
Marriage Petition No. A/1346/2018 pending on the file of Family Court
at Nagpur to the Family Court at Amravati.
3. The Applicant is legally wedded wife of the Respondent.
Their marriage was solemnized on 18/6/2018 at Amravati as per the
Hindu customs and rites prevailing in their community. After marriage
both started residing together at Nagpur. It is alleged that the Applicant
was harassed by the Respondent and due to the said illtreatment she
was constrained to reside at her parents house at Amravati.
4. It is submitted that the Applicant had filed proceedings
under the Protection of Women from Domestic Violence Act against the
Respondent on 10/1/2019 bearing PWDVA No.44/2019 in the court of
Judicial Magistrate First Class, Amravati. It is submitted that the
Respondent has filed proceedings i.e. Hindu Marriage Petition No.
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A/1346/2018 in the Family Court at Nagpur on the ground of nullity of
marriage.
5. The learned Counsel for Applicant contended that at
present the Applicant is living on the mercy of her parents and she is
not in a financial condition to attend each and every date in the
proceedings at Nagpur. He further submitted that the Respondent is
attending the proceedings filed by the Applicant under Protection of
Women from Domestic Violence Act in the Court of Judicial Magistrate
First Class, Amravati.
6. Per contra, the learned Counsel for Respondent opposed the
present Application and submitted that the Applicant can attend the
proceedings at Nagpur.
7. It is well settled that wife's convenience is to be seen, more
particularly when the husband has filed the petition against her.
8. 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
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wife's convenience must be considered in matrimonial proceedings,
particularly when the husband has filed the petition against her.
9. Considering the fact that the Applicant - wife is living on
the mercy of her parents and she depends on them, it would be just
and proper to transfer the Hindu Marriage Petition No. A/1346/2018
pending on the file of Family Court at Nagpur to the Family Court at
Amravati. Hence, the following order.
ORDER
(i) Misc. Civil Application No. 883 of 2019 is allowed.
(ii) The proceedings i.e. Hindu Marriage Petition No. A/1346/2018
pending on the file of Family Court at Nagpur is hereby
transferred to the Family Court at Amravati.
(iii) Parties to appear before the Family Court at Amravati on 12 th
March, 2021.
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10. Rule is made absolute in aforesaid terms. There shall be no
order as to costs.
[MRS. SWAPNA JOSHI, J.]
Yadav VG
