Sau. Vanashri W/O Pravin Badwaik vs Pravin S/O Vilas Badwaik
2021 Latest Caselaw 8136 Bom

1/3                                                          Judg.28.mca.97.2021.odt



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

                     MISC. CIVIL APPLICATION NO. 97 OF 2021


      Sau. Vanashri w/o Pravin Badwaik
      Aged about 28 Years; Occupation - Nil;
      Resident at - C/o Shri Prakash Dravyakar,
      Plot Nos.42, 43 Bidipeth Road, Near Trikoni
      Ground, New Subhedar Layout, Ayodhya
      Nagar, Nagpur.                                                     ... APPLICANT

                     VERSUS

      Pravin s/o Vilas Badwaik
      Aged : Adult; Occupation - Service; Resident
      at - Near Khatri College, Behind Mahalaxmi
      Medical Store, Opposite Sharda Mandir,
      Tadoba Road, Sumitra Nagar, Tukum,
      Chandrapur, Tahsil & District Chandrapur.                  ... NON-APPLICANT


Mr. S. S. Ghate, Advocate for Applicant.
Mr. K. J. Topale, Advocate for Non-applicant.


                                      CORAM   :   MRS. SWAPNA JOSHI, J.
                                      DATE    :   JUNE 19, 2021.

ORAL JUDGMENT


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

consent of the learned Counsel for both sides.




       ::: Uploaded on - 21/06/2021                 ::: Downloaded on - 21/06/2021 21:02:31 :::
 2/3                                                        Judg.28.mca.97.2021.odt



2.          By this Application, Applicant is seeking transfer of the Hindu

Marriage Petition No. 363/2020 pending on the file of Civil Judge Senior

Division, Chandrapur to the Family Court, Nagpur.



3.          Mr. Ghate, the learned Counsel for Applicant submits that the

Applicant is having two years old son. So also Chandrapur is at a distance of

150 kilometers away from Nagpur and Applicant is not having any source of

income, therefore, she finds it difficult to attend the proceedings pending on

the file of Civil Judge Senior Division, Chandrapur.



4.          Per contra, Mr. Topale, the learned Counsel for Non-applicant

opposed the present Application.



5.          It is well settled that wife's convenience is to be seen, more

particularly when the husband has filed the petition against her.



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.


       ::: Uploaded on - 21/06/2021               ::: Downloaded on - 21/06/2021 21:02:31 :::
 3/3                                                           Judg.28.mca.97.2021.odt



7.              Considering the above legal position, it would be just and proper to

transfer the Hindu Marriage Petition No. 363/2020 pending on the file of Civil

Judge Senior Division, Chandrapur to the Family Court at Nagpur. Hence, the

following order.

                                          ORDER

(i) Misc. Civil Application No. 97 of 2021 is allowed.

(ii) The proceedings i.e. Hindu Marriage Petition No. 363/2020 pending on

the file of Civil Judge Senior Division, Chandrapur is hereby transferred

to the Family Court at Nagpur.

(iii) Parties to appear before the Family Court at Nagpur on 2nd July, 2021.

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

as to costs.

[MRS. SWAPNA JOSHI, J.] Yadav VG