Bombay High Court
Sau. Vidhya W/O Swapnil Mohurle vs Swapnil S/O Mahadeo Mohurle on 29 January, 2021
Bench: Swapna Joshi
1 27.MCA. NO. 1235-2019 JUDGMENT.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISCELLANEOUS CIVIL APPLICATION NO. 1235 OF 2019
Sau. Vidhya W/o Swapnil Mohurle,
Aged about 27 years,
Occ. Household,
R/o. Kothari, Tah. Ballarpur,
District Chandrapur. .. APPLICANT
...Versus...
Swapnil S/o Mahadeorao Mohurle,
Aged about 32 years, Occ. Business,
R/o. Sahara Nagar, Ner (Parsopant),
Tq. Ner, District Yavatmal. ..NON-APPLICANT
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Ms. Kanak Y. Mandpe, Advocate for the Applicant.
Shri Anand S. Deshpande, Advocate for the Non-applicant.
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CORAM : MRS. SWAPNA JOSHI, J.
DATED : 29th January, 2021.
ORAL JUDGMENT :-
Rule. Rule is made returnable forthwith. Heard
finally by consent of learned counsel appearing for the
respective parties.
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2 27.MCA. NO. 1235-2019 JUDGMENT.odt
2. By this Application, the applicant/wife seeks
transfer of H.M.P. No. 286/2019 instituted by the non-
applicant/husband, pending on the file of Civil Judge, Senior
Division, Yavatmal to the Court of Civil Judge, Senior Division,
Chandrapur.
3. The applicant/wife is a legally wedded wife of the
non-applicant/husband. The marriage was solmenized on
24.06.2013 at Village Kothari, Taluka Ballarpur, District
Chandrapur. After the marriage, the applicant started cohabiting
with the non-applicant/husband at Ner, District Yavatmal in a
joint family. It is submitted that due to illtreatment at the hands
of the non-applicant/husband, the applicant/wife was
constrained to leave the house of the non-applicant/husband.
4. The applicant/wife has filed a complaint under
Section 12 of the Domestic Violence Act, 2005 before the
Judicial Magistrate First Class, Ballarpur for grant of
maintenance. The same was rejected by the learned Judicial
Magistrate, Ballarpur, and therefore, an appeal came to be
preferred against the said order, which is pending in the Court
of District and Sessions Judge, Chandrapur.
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3 27.MCA. NO. 1235-2019 JUDGMENT.odt
5. It is submitted that the applicant/wife is a poor lady
having 5 years old son and at present she is residing with her
parents at Village Kothari, Taluka Ballarpur, District Chandrapur.
It is contended that it is difficult for her to attend the
proceedings at Yavatmal.
6. Ms. Mandpe, the learned counsel for the applicant/
wife submitted that it is very difficult for the applicant/wife to
attend the Court at Yavatmal, therefore, the petition filed by the
non-applicant/husband be transferred from Civil Judge, Senior
Division, Yavatmal to the Court of Civil Judge, Senior Division,
Chandrapur.
7. Shri Deshpande, the learned counsel for the non-
applicant/husband has vociferously opposed the Application.
8. 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.
9. Considering the aforesaid circumstances, it would be
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4 27.MCA. NO. 1235-2019 JUDGMENT.odt
just and proper to transfer H.M.P. No. 286/2019 pending on the
file of Civil Judge, Senior Division, Yavatmal to the Court of
Civil Judge, Senior Division, Chandrapur.
ORDER
1. Misc. Civil Application No. 1235/2019 is allowed.
2. The proceedings bearing H.M.P. No. 286/2019
pending on the file of Civil Judge, Senior
Division, Yavatmal are transferred to the Court of
Civil Judge, Senior Division, Chandrapur.
3. Parties to appear before the Court of Civil Judge,
Senior Division, Chandrapur on 16/02/2021.
10. Rule is made absolute in aforesaid terms. There
shall be no order as to costs.
( MRS. SWAPNA JOSHI, J.)
S.D.Bhimte
