Sau. Saumyata W/O Tamal Chaterjee ... vs Tamal S/O Gautam Chaterjee
2021 Latest Caselaw 1750 Bom

                                                                                                                        MCA.1106.19
                                                                       1


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

                        MISCELLANEOUS CIVIL APPLICATION NO. 1106/2019
            Sau. Saumyata w/o Tamal Chaterjee
            @ Saumyata d/o Ravindra Bhatnagar
            Aged : 32 years, occu: service/teacher
            R/o Plot No.16, Katol Road,
            Vijay Nagar, Chhaoni, Katol Road, Nagpur 440 013.                                                 ..APPLICANT
                                                 versus
            Tamal s/o Gautam Chaterjee
            Aged about 33 years, occu: service
            Flat No.202, A-wing, Third floor
            Om Arcade Building, near Katraj Dairy
            Katraj, Pune 411 046..                                                                 ..RESPONDENT
                                                                                                   ( Non-Applicant)
...............................................................................................................................................
            Ms. Sejal Lakhani, Adv.h/for Mr S.P. Bhandarkar, Advocate for the applicant
            Shri Y.J. Maheshwari, 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 P.A. No.589/2019
instituted by the respondent-non applicant, pending on the file of learned Judge,
Family Court, Pune to Family Court, Nagpur.


3.                      The
                         he applicant got married with the non-applicant on 3.7.2014 as per
the Hindu rites and rituals. Out of the said wedlock, on 7.10.2005, a baby-girl was
born. It is alleged that due to ill-treatment at the hands of the non-applicant/husband,
the applicant was forced to leave her marital home on 8.3.2019 and since then she is
residing at Nagpur. It is submitted that the non-applicant/husband has filed a petition
bearing P.A. 589/2019 at Family Court, Pune for restitution of conjugal rights u/s. 9 of




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                                                                              MCA.1106.19
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the Hindu Marriage Act 1955.


4.                Learned Advocate for the applicant submits that the applicant-wife is
working as a Teacher at Nagpur. She is having a child aged about three and a half
years and as such, she requested that the proceedings instituted at the instance of
non-applicant-husband be transferred from Family Court, Pune to Family Court,
Nagpur.


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. 1106/2019 is allowed.

ii) The proceedings bearing PA No.589/2019 pending on the file of the learned Judge, Family Court, Pune 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