Bombay High Court
Mamta W/O Mahesh Dube vs Mahesh S/O Rajendra Dube on 26 February, 2021
Bench: Swapna Joshi
1 13.MCA. NO. 244-2020 JUDGMENT.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION NO. 244 OF 2020
Mamta W/o Mahesh Dube
Aged about 35 years,
Occ. Housewife,
C/o, Jagat Narayan Tiwari, Sharad
Nagar, Shivar, Akola.
Pin code-444104, P.S. -Sahar. .. APPLICANT
...Versus...
Mahesh S/o Rajendra Dube
Aged about 35 yrs, Occ. Service,
R/o, Smriti Nagar, Koradi Road,
Nagpur. P.S.-Koradi. ..NON-APPLICANT
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Ms. Uttkarsha Vaidya, Advocate for the Applicant.
Shri R.H. Rawlani, for the Non-applicant.
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CORAM : MRS. SWAPNA JOSHI, J.
DATED : 26th 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
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2 13.MCA. NO. 244-2020 JUDGMENT.odt
transfer of H.M.P. No. A-875/2019 instituted by the non-
applicant/husband, pending on the file of Family Court No.4,
Nagpur to the Family Court at Akola.
3. The applicant is a legally wedded wife of the non-
applicant. The marriage was solemnized between the applicant
and non-applicant on 19/02/2014 as per Hindu customs and
rites. After the marriage, the applicant started residing with the
non-applicant at her matrimonial house in Nagpur. Out of the
said wedlock, the applicant gave birth to a female child, who is
presently 5 years old. It is submitted that due to illtreatment at
the hands of non-applicant, the applicant was constrained to
leave her matrimonial house and started staying at her parental
house at Akola.
4. It is submitted that the non-applicant has filed the
petition for divorce before the Family Court No.4, Nagpur vide
H.M.P. No. A-875/2019.
5. Ms. Vaidya, the learned counsel for the applicant
submitted that the applicant is staying at the mercy of her
parents at Akola and she finds it very difficult to attend the
Court proceedings at Nagpur from Akola, so also, she is required
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3 13.MCA. NO. 244-2020 JUDGMENT.odt
to take care of her 5 years old child and her old parents.
6. Shri Rawlani, the learned counsel for the non-
applicant has vociferously opposed the said application.
7. 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.
8. Considering the aforesaid facts and circumstances, it
would be just and proper to transfer H.M.P. No. A-875/2019
pending on the file of Family Court No.4, Nagpur to the Family
Court at Akola.
ORDER
i. Misc. Civil Application No. 244/2020 is allowed.
ii. The proceedings bearing H.M.P. No. A-875/2019,
pending on the file of Family Court No.4, Nagpur,
are transferred to the Family Court at Akola.
iii. Parties to appear before the Family Court at Akola
on 16/03/2021.
4 13.MCA. NO. 244-2020 JUDGMENT.odt
9. Rule is made absolute in aforesaid terms. There
shall be no order as to costs.
( MRS. SWAPNA JOSHI, J.)
S.D.Bhimte
