Bombay High Court
Pranali Swapnil Kamble vs Swapnil Chandrakant Kamble on 23 July, 2021
Bench: Nitin W. Sambre
42.85.2020 MCA.doc
ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
MISC. CIVIL APPLICATION NO. 85 OF 2020
Pranali Swapnil Kamble ....Applicant
V/s.
Swapnil Chandrakant Kamble .....Respondent
Mr. Vaibhav Gaikwad for the applicant
Mr. Viay K. Jha a/w Ansgre Carvalho for Respondent
CORAM : NITIN W. SAMBRE, J.
DATE: JULY 23, 2021.
P.C.:
1] This is an application seeking transfer of proceedings being
Hindu Marriage Petition No. 27 of 2020 fled by respondent-husband
on the fle of Civil Judge Senior Division, Panvel to Civil Judge Senior
Division, Karad.
2] The submissions of learned counsel for the applicant Mr.
Gaikwad are, after matrimonial discord, out of marriage dated
13/12/2018 which was performed at Satara, applicant was forced to
leave the house of the respondent. According to him, applicant has
42.85.2020 MCA.doc
initiated proceedings under the provisions of Protection of Women
from Domestic Violence Act, 2005 which are pending adjudication on
the fle of Judicial Magistrate First Class, Karad.
3] In the aforesaid background, the submissions are, great
hardship will be caused to the applicant as the applicant is custodian
of a child, the distance between two places i.e. Panvel to Karad is
about 300 Kms one way and as such it will be fnancially so also
physically diffcult for her to manage the proceedings at Panvel Court.
4] While opposing the claim, Shri. Jha, learned counsel appearing
for the non-applicant would claim that provisions of Section 24 of
Code of Civil Procedure, 1908 cannot be invoked unless it is
demonstrated that something very palpable which might result in
likelihood of injustice because of far distance or hardship is
demonstrated. According to him, the law is well settled in the matter
of two judgments viz. Harvinder Kaur Vs. Harmander Singh
Choudhry [First Appeal No. 181 of 1981] and Prakash Vs. State of
Gujarat [Special Criminal Application (Transfer) No. 8568 of 2017].
42.85.2020 MCA.doc
5] Mr. Jha would also urge that proceedings which are initiated
principally for restitution of conjugal rights and having regard to
relief claimed therein, there is no case for transfer under Section 24
of C.P.C.
6] Considered rival submissions.
7] It is not disputed that non-applicant is attending D.V. Act
proceedings at Karad in Satara District which are initiated by the
applicant.
8] Apart from above, the fact that applicant is custodian of a child
is not disputed. Considering both way distance to be around 600
Kms, in my opinion, applicant will be required to travel over night to
attend the proceedings. In that view of the matter, great hardship as
is claimed is very much established by the applicant.
9] In that view of the matter, proceedings being Hindu Marriage
42.85.2020 MCA.doc
Petition No. 27 of 2020 pending on the fle of Civil Judge Senior
Division at Panvel initiated under Section 9 of the Hindu Marriage
Act are ordered to be transferred to the fle of Civil Judge Senior
Division Karad.
10] For the convenience of the parties, it is further ordered that
D.V. Act proceedings initiated by the applicant and the aforesaid
proceedings of which transfer is ordered shall be posted on the same
day. Application as such stands allowed in the above terms.
[NITIN W. SAMBRE, J.]
