Bombay High Court
Mrs. Aparna W/O Alok Bhadane vs Mr. Alok S/O Pradeep Bhadane on 1 July, 2021
Bench: Swapna Joshi
01.07.21MCA.J.387.20
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
...
MISCELLANEOUS CIVIL APPLICATION (Tr) NO. 387/2020
Mrs. Aparna W/o Alok Bhadane
Aged about 33 years, occu: Nil
R/o 60, Pandit Malviya Nagar
Near Indraprastha Mall, Khamla
Nagpur, Tahsil and Dist.Nagpur
440025 (Maharashtra ) ..APPLICANT
versus
Mr. Alok s/o Pradeep Bhadane
Aged about 34 years, occu; business
R/o 602, " Harshad Building"
Bhide Wadi Society, Abhiruchi Mall,
Wadgaon (BZ) Pune - 411 041
(Maharashtra State ) ..RESPONDENT
(Non-Applicant)
...................................................................................................................
Mr. A.V. Khare, Advocate for the applicant
Mr. C.B. Barve, Advocate for Respondent
.................................................................................................................
CORAM: MRS.SWAPNA JOSHI, J.
DATED : 1st July, 2021
ORAL JUDGMENT:
1. Rule. Rule is made returnable forthwith. Heard finally, with
the consent of learned Advocates appearing for respective parties.
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01.07.21MCA.J.387.20
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2. By this Application, the applicant seeks transfer of Petition
No.D/25/2020 for child custody, instituted by the respondent-non
applicant, pending on the file of Family Court No.4, Pune to Family
Court at Nagpur.
3. The marriage between the parties was solemnized on 6 th
June, 2015 at Nagpur, as per Hindu rites and customs. Few months
after the marriage, the respondent-husband and his family started
harassing the applicant. On 9th October 2019, the applicant came to
Nagpur along with their five-year-old son and started staying at her
parents' place. The applicant has filed proceedings before the Family
Court at Nagpur seeking divorce. Learned Advocate for the applicant
submitted that the respondent-husband attends those proceedings at
Nagpur. He further submitted that to counterblast the divorce
proceedings, the respondent-husband has filed petition for custody of
their son before the Family Court at Pune. It is submitted that the
applicant is having a small child, aged about 5 years and the distance
between Pune and Nagpur is about 800 kms. and as such, it is very
difficult for her to attend the proceedings every now and then at Pune
since she is depending upon her parents, financially. It is requested
that the proceedings be transferred to Nagpur.
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01.07.21MCA.J.387.20
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4. The learned Advocate for the respondent-husband
vehemently opposed the application.
5. It is well-settled by now that convenience of the wife is to
be considered and, as such, it it would be just and proper to transfer
Petition No. D/125/2020 from Pune to Nagpur.
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) Misc. Civil Application No. 387/2020 is allowed.
ii) The proceedings bearing Petition No. D/25/2020 pending on the
file of Family Court No.4, Pune stands transferred to Family Court at
Nagpur.
iii) Parties to appear before the Family Court, Nagpur on 14 th July,
2021.
iv) Rule is made absolute in aforesaid terms. There shall be no order
as to costs.
JUDGE
sahare
