Mrs. Poonam W/O Ghanashyam ... vs Mr. Ghanashyam S Pardeshi
2021 Latest Caselaw 1748 Bom

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                                                                       1


                                     ppIN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           BENCH AT NAGPUR, NAGPUR.
                                                      ...

                         MISCELLANEOUS CIVIL APPLICATION NO. 17/2019
            Mrs. Poonam w/o Ghanshyam Pardeshi
            Aged about 30 years, ccu: housewife
            R/o Shastrakar Layout
            Bypass Road, DRC Colony
            Dist. Chandrapur 442 401. .                                                                       ..APPLICANT
                                                 versus
            Mr.Ghanshyam S. Pardeshi
            Aged about 35 years, occu service
            R/o Mochi Galli, Taluka Ambejogai Dist. Beed.
            Office address: Zilla Parishad
            Bandhkam Vibhag Panchayat Samiti
            Malva, Dist. Sinhudurg 416 606.                                                                    ..RESPONDENT
                                                                                                               ( Non-Applicant)
...............................................................................................................................................
                         Shri Madhur Deo, Advocate for the applicant
                         None for respondent though served by paper publication
................................................................................................................................................
                                                                           CORAM: MRS.SWAPNA JOSHI, J.
                                                                           DATED : 27th January, 2021

ORAL JUDGMENT:

1.                      Respondent is absent, though served through paper publication.
2.                      Rule. Rule is made returnable forthwith. Heard finally.
3.                      By this Application, the applicant seeks transfer of Hindu Marriage Petition
(HMP) No.116/2018 instituted by the respondent-non applicant, pending on the file of learned
Civil Judge, Senior Division, Ambejogai                             to the Court of               learned Civil Judge, Sr.Dn.,
Chandrapur,


4.                      The
                         he marriage between the applicant and non-applicant was solemnized on
23.11.2013 as per the Hindu rites and customs. After the marriage, the applicant-wife
started co-habiting with the respondent-husband at her matrimonial home. It is alleged that in
June 1989, the respondent-non-applicant deserted the applicant and since then the parties




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                                                                                     MCA.17.19
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are residing separately. HMP No.116/2018 was instituted by the non-applicant husband for
dissolution of marriage at Ambejogai.


5.                Mr. Madhur Deo, learned Advocate for the applicant-wife         contended that
since the applicant-wife is presently staying with her parents at Chandrapur and is
unemployed, she is unable to attend the court proceedings at Ambejogai every now and then.
The applicant therefore requested that the said proceedings be transferred to Chandrapur.
6.                It is well settled by now that convenience of the wife is to be considered
and as such, it it would be just and proper to transfer HMP No.116/2018 from Ambejogai to
Chandrapur.


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. In view of the facts and circumstances of the case, following order is passed:-
                                             ORDER

i) The Misc. Civil Application No. 17/2019 is allowed.

ii) The proceedings bearing HMP No. 116/2018 pending on the file of the learned Civil Judge,Sr.Dn. Ambejogai stands transferred to the Court of learned Civil Judge, Sr. Dn., Chandrapur, Iii) Rule is made absolute in aforesaid terms. There shall be no order as to costs.

JUDGE sahare