Sau. Shweta W/O Yogesh Kawalkar vs Shri Yogesh S/O Namdeorao ...
2021 Latest Caselaw 1015 Bom

                                    1/4                             20.mca.1269.18.(Judg)



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH : NAGPUR

                     MISC. CIVIL APPLICATION NO. 1269 OF 2018


           Sau. Shweta Yogesh Kawalkar
           Aged 30 Years, Occupation - Nil;
           Resident at - C/o Vitthalrao Ramkrushna
           Bhele, Shiv Colony, Near Vinayak School,
           Amravati, Tahsil and District Amravati.            ...          APPLICANT

                   VERSUS

           Yogesh Namdeorao Kawalkar
           Aged 36 Years, Occupation - Engineer
           and in service, Resident at - 46, Kabir
           Nagar, Nandanwan Main Road, Beside                  ... NON-APPLICANT
           Jankidevi Jaiswal School, Nagpur.


Mr. M. G. Rathi, Advocate for Applicant.
Ms. S. N. Deshpande, Advocate for Non-applicant.


                                   CORAM   :    MRS. SWAPNA JOSHI, J.
                                   DATE    :    JANUARY 15, 2021.


JUDGMENT

. Rule. Rule is made returnable forthwith. Heard finally with

consent of the learned Counsel for both sides.

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2. By this Application, Applicant seeks transfer of Petition

No.A-938/2017 pending on the file of Family Court No.3, Nagpur to

the Family Court at Amravati.

3. The Non-applicant has filed Application under Section 9 of

Hindu Marriage Act for restitution of conjugal rights in Family Court at

Nagpur. The case of the Applicant is that, she is legally wedded wife of

the Non-applicant. The marriage between the parties took place on 18 th

January, 2017 at Amravati and after marriage the Applicant started

residing with the Non-applicant at Nagpur. However, as the dispute

arose between the parties, Applicant was constrained to leave the

house of the Non-applicant. The Applicant is staying with her parents

at Amravati since 29/3/2017. The Non-applicant has filed the petition

for restitution of conjugal rights before the Family Court at Nagpur.

Significantly, the Applicant - wife has filed the counter-claim in the

said petition for restitution of conjugal rights. It appears that both the

parties are interested in staying together.

4. Mr. Rathi, the learned Counsel for Applicant contended that

since the Applicant is not earning at present and her financial condition

3/4 20.mca.1269.18.(Judg)

is not sound, it is difficult for her to travel from Amravati to Nagpur for

attending each and every date in the said case. Therefore, she prayed

for transfer of the petition filed by the Non-applicant for restitution of

conjugal rights in Family Court, Nagpur to Family Court, Amravati.

5. 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.

6. Considering the aforesaid circumstances, it would be just

and proper to transfer the proceedings under Section 9 of the Hindu

Marriage Act i.e. Petition No.A-938/2017 pending on the file of Family

Court, Nagpur to the Family Court at Amravati. Hence, the following

order.

ORDER

(i) Misc. Civil Application No. 1269 of 2018 is allowed.

(ii) The proceedings i.e. Petition No. A-938/2017 pending on the

file of Family Court, Nagpur is hereby transferred to the Family

Court at Amravati.

4/4 20.mca.1269.18.(Judg)

(iii) Parties to appear before the Family Court at Amravati on

16/2/2021.

(iv) The Family Court, Amravati is requested to take steps into this

proceedings for reconciliation of both the parties.

7. Rule is made absolute in aforesaid terms. There shall be no

order as to costs.

[MRS. SWAPNA JOSHI, J.] Yadav VG