Sau. Kavita Krunal Gawande vs Krunal S/O Jitnish Gawande
2021 Latest Caselaw 627 Bom

                                    1/4                             33.mca.1145.19.(Judg)



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH : NAGPUR

                     MISC. CIVIL APPLICATION NO. 1145 OF 2019


           Sau. Kavita Krunal Gawande
           Aged about 26 Years, Occu-Household;
           R/o Flat No. T-2, Chandrabhaga
           Apartment, Civil Lines, Chandrapur.
           Tahsil and District Chandrapur.                    ...          APPLICANT

                   VERSUS

           Krunal Jitnish Gawande
           Aged about 32 Years, Occu - Service;
           Resident at - Tukdoji Chowk, Sakkardara,
           Nagpur. Tahsil & District Nagpur.                   ...      RESPONDENT


Ms. G. R. Diwe, Advocate for Applicant.
Ms. A. P. Gupta, Advocate for Respondent.


                                   CORAM   :    MRS. SWAPNA JOSHI, J.
                                   DATE    :    JANUARY 12, 2021.


JUDGMENT

. Rule. Rule is made returnable forthwith. Heard finally with

consent of the learned Counsel for both sides.

2/4 33.mca.1145.19.(Judg)

2. By this Application, Applicant seeks transfer of matrimonial

proceedings pending on the file of Family Court, Nagpur vide Petition-A

No.1174/2019 to the file of Family Court, Chandrapur or Civil Judge

Senior Division, Chandrapur.

3. The marriage between the Applicant - wife and the

Respondent - husband was solemnized on 29/4/2018. After marriage

both of them have started residing at Chandrapur. However, on

1/7/2018 due to some dispute the Respondent - husband left the

company of the Applicant - wife without any sufficient reason. On

4/8/2018 the Applicant - wife filed Application under Section 12 of

the Protection of Women from Domestic Violence Act against the

Respondent - husband for grant of maintenance, right of residence and

protection before the Chief Judicial Magistrate, Chandrapur vide

Criminal Case No.99/2018. The learned Chief Judicial Magistrate,

Chandrapur vide order dated 30/9/2019 granted maintenance of

Rs.6000/- per month to the Applicant - wife.

4. Being aggrieved by the said order, Respondent - husband

has preferred an appeal under Section 29 of the Domestic Violence Act

3/4 33.mca.1145.19.(Judg)

before the Sessions Court, Chandrapur vide Misc. Criminal Appeal

No.75 of 2019. On 5/10/2019 the Respondent - husband has filed the

Petition under Section 9 of the Hindu Marriage Act before the Family

Court, Nagpur vide Petition-A No.1174 of 2019.

5. Ms. Diwe, the learned Counsel for Applicant - wife

contended that the Applicant is unable to attend the proceedings

before the Family Court, Nagpur, as no maintenance is paid regularly

by the Respondent.

6. The Hon'ble Apex Court in the matter of Sumita Singh V/s

Kumar Sanjay & Anr. Reported in AIR 2002 SC 396 has observed that

wife's convenience must be considered in matrimonial proceedings,

particularly when the husband has filed the petition against her.

7. Considering the aforesaid circumstances, it would be just

and proper to transfer the proceedings under Section 9 of the Hindu

Marriage Act i.e. Petition-A No.1174/2019 pending on the file of

Family Court, Nagpur to the Court of Civil Judge Senior Division,

Chandrapur. Hence, the following order.

                                 4/4                           33.mca.1145.19.(Judg)



                                      ORDER

(i)     Misc. Civil Application No. 1145 of 2019 is allowed.

(ii)    The proceedings i.e. Petition-A No.1174 of 2019 pending on the

file of Family Court, Nagpur is hereby transferred to the Court of

Civil Judge Senior Division, Chandrapur.

(iii) Parties to appear before the Court of Civil Judge Senior Division,

Chandrapur on 1st February, 2021.

8. Rule is made absolute in aforesaid terms. There shall be no

order as to costs.

[MRS. SWAPNA JOSHI, J.] Yadav VG