Bombay High Court
Sau. Anjali W/O Sudhir Pusadkar vs Sudhir S/O Sharadrao Pusadkar on 1 July, 2021
Bench: Swapna Joshi
01.07.21MCA.J.197.20
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
...
MISCELLANEOUS CIVIL APPLICATION (Tr) NO. 197/2020
Sau. Anjali w/o Sudhir Pusadkar
Aged about 40 years, occu: Housewife
R/o C/o Vinayak Shyamrao Kawade
Asish Colony Swastiknagar
Amravati Tah. & District:Amravati-444607 ..APPLICANT
versus
Mr. Sudhir s/o Sharadrao Pusadkar
Aged about 45 years, occu: Govt.Service (Teacher)
R/o Plot No.2, Vibhuram Apartment
Near Mahalaxmi Temple
5th floor, Dharampeth House
Development Society
Jayprakash Nagar,
Nagpur 440 025.
(Police Station Sonegaon, Nagpur) ..RESPONDENT
(Non-Applicant)
...................................................................................................................
Mr. Pankaj Navlani, Advocate for the applicant
Mr. A.S. Pande, 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.197.20
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2. By this Application, the applicant seeks transfer of Petition
No. A-1158/2018, instituted by the respondent-non applicant, pending
on the file of Principal Judge, Family Court, Nagpur to Family Court at
Amravati.
3. The marriage between the parties was solemnized on 25 th
January, 2007 at Amravati, as per Hindu rites and customs. After the
marriage, the respondent-husband and his family started harassing the
applicant. On 6th August, 2017 the respondent had thrown away the
applicant out of the house. It is submitted that the applicant is having
a son aged about 11 years. The applicant has filed an application under
the provisions of Domestic Violence Act in the court of learned JMFC
Amravati and the respondent-husband is attending those proceedings.
It is further submitted that it would be most inconvenient for the
applicant to travel and appear every now and then in the said
proceeding. The distance from Amravati to Nagpur is around 150 kms
which would cause great hardship to her and as such, it is requested
that the proceedings be transferred to Amravati.
4. The learned Advocate for the respondent-husband
vehemently opposed the application.
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01.07.21MCA.J.197.20
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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. A-1158/2018 from Nagpur to Amravati.
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. 197/2020 is allowed.
ii) The proceedings bearing Petition No. A-1158/2018 pending on
the file of Principal Judge, Family Court, Nagpur stands transferred to
Family Court at Amravati.
iii) Parties to appear before the Family Court, Amravati on 14 th July,
2021.
iv) Rule is made absolute in aforesaid terms. There shall be no order
as to costs.
JUDGE
sahare
