Bombay High Court
Sau. Archana W/O Vinod Bhawsar vs Shri Vinod S/O Madhukar Bhawsar on 27 January, 2021
Bench: Swapna Joshi
MCA.912.19
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
...
MISCELLANEOUS CIVIL APPLICATION NO. 912/2019
Sau. Archana w/o Vinod Bhawsar
Aged about 39 years, occu: Housewife
R/o C/o Shri Pravin Lokhande
CPWD Quarters, Type III, A-14, Bungalow No.17
Telankhedi Road, Seminary Hills
Nagpur 440006 ..APPLICANT
versus
Vinod s/o Madhukar Bhawsar
Aged about 38 years, occu: Business
R/o Suresh Nagar, Mahabal,
Tah.& Dist. Jalgaon-01. ..RESPONDENT
( Non-Applicant)
...............................................................................................................................................
Mr. A.R. Wagh, Advocate for the applicant
Shri S.R. Gupta, Advocate for non-applicant/respondent
................................................................................................................................................
CORAM: MRS.SWAPNA JOSHI, J.
DATED : 27th January, 2021
ORAL JUDGMENT:
1. Rule. Rule is made returnable forthwith. Heard finally with consent of
learned counsel appearing for respective parties.
2. By this Application, the applicant seeks transfer of Petition No. A-
49/2019 instituted by the respondent-non applicant, pending on the file of learned
Judge, Family Court, Jalgaon to Family Court, Nagpur.
3. The
he applicant got married with the non-applicant on 29.4.2008 as per
the Hindu rites and rituals. After some time, the family members of the respondent
and non-applicant himself started ill-treating the applicant, on trifle reasons and as
such, the applicant was compelled to leave her matrimonial home some time in
November 2010 and since then she is residing with her mother and brother at
Nagpur. It is submitted that the non-applicant/husband has filed a petition u/s 13 of
::: Uploaded on - 29/01/2021 ::: Downloaded on - 09/02/2021 00:40:07 :::
MCA.912.19
2
the Hindu marriage Act 1955 bearing No. A-49/2019, for divorce. It is requested that
the proceedings instituted at the instance of non-applicant-husband be transferred
from Family Court, Pune to Family Court, Nagpur as the financial condition of the
applicant is not sound.
5. The learned Advocate for the non-applicant opposed the said relief.
6. 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. 912/2019 is allowed.
ii) The proceedings bearing Petition No. A-49/2019 pending on the file of the
learned Judge, Family Court, Jalgaon stands transferred to the Judge, Family Court,
Nagpur.
Iii) Rule is made absolute in aforesaid terms. There shall be no order as to costs.
JUDGE
sahare
