Mrs. Sneha W/O Hitesh Jibhe vs Shri Hitesh S/O Naresh Jibhe
2021 Latest Caselaw 544 Bom

                                                                                                                        MCA.1085.19
                                                                       1


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

                       MISCELLANEOUS CIVIL APPLICATION NO. 1085/2019
            Mrs. Sneha w/o Hitesh Jibhe
            Aged : 26 years, ccu: Nil
            R/o C/o Prakash Shrawan Meshram
            Type -7/56/05, KTPS Koradi Colony
            Tq. Kamptee, Dist. Nagpur.                                                                        ..APPLICANT
                                                 versus
            Hitesh s/o Naresh Jibhe
            Aged 33 years, occu: service
            R/o Maruti Shankar Kalokhe
            82, Siddhurg Krishna Housing Society
            Sector no.27-A, Pradhikaran Nigadi,Dist. Pune
            Office Address;
            512, Army Base WKSP (EME WKSP)
            KIRKEE (Khadki) Pune 411 003.                                                                      ..RESPONDENT
                                                                                                               ( Non-Applicant)
...............................................................................................................................................
                         Shri U.K. Bisen, Advocate for the applicant
                         Shri M.M. Awode, Advocate for non-applicant/respondent
................................................................................................................................................
                                                                           CORAM: MRS.SWAPNA JOSHI, J.
                                                                           DATED : 11th 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 Hindu marriage
Petition (HMP) No.438/2019 instituted by the respondent-non applicant, pending on
the file of learned Civil Judge, Senior Division, Pune to the Court of learned Civil
Judge, Sr.Dn., Nagpur.


3.                      The
                         he marriage between the applicant and non-applicant was solemnized
on 30.04.2018 as per the Buddhist rites, rituals and custom. After the marriage, the




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applicant-wife started co-habiting with the respondent-husband at her matrimonial
home, in a joint family. However after a few months, disputes cropped up between
them due to the alleged ill-treatment and harassment at the hands of the respondent-
husband and in-laws. The applicant thereafter left her matrimonial home and started
residing with her parents at Nagpur. The applicant has filed an application u/s 125
Cr.P.C. for grant of maintenance against the husband and the said application which
is registered as M.A. No.2886/2019 is pending before the JMFC Court No.6, Nagpur.
The respondent-husband has filed an application u/s 9 of the Hindu Marriage Act, 1955
vide HMP No.438 /2019 before the Civil Judge S.D. at Pune.


4.              Mr. U.K. Bisen, learned Advocate for the applicant-wife contended that
since the applicant-wife is presently staying with her parents at Nagpur and is
unemployed, she is unable to attend the court proceedings at Pune every now and
then. He contended that the respondent-husband can conveniently attend the court at
Nagpur and contest the proceedings u/s 125 Cr.P.C. filed by the applicant-wife.


5.              Mr. Awaode, learned Advocate for the respondent-husband submitted
that the respondent-husband is a Government servant working as a Senior Draftsman
in Army Base Workshop, Khadki ( Pune ) and therefore it would be is difficult for him to
take leave and attend the Court proceedings at Nagpur, every now and then.


6.              In view of the fact that the applicant-wife has filed proceedings at
Nagpur, is unemployed and at present staying with her parents at Nagpur, so also
the proceedings filed by her u/s 125 Cr.P.C., it it would be just and proper to transfer
HMP No. 438/2019 from Pune to Nagpur.


7.              The Hon'ble Apex Court in the case of Sumita Singh vs. Kumar Sanjay




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                                                                             MCA.1085.19
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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. 1085/2019 is allowed.

ii) The proceedings bearing HMP No. 438/2019 pending on the file of the learned Civil Judge,Sr.Dn. Pune stands transferred to the Court of learned Civil Judge, Sr. Dn., Nagpur.

Iii) Rule is made absolute in aforesaid terms. There shall be no order as to costs.

JUDGE sahare