Bombay High Court
Sau. Neha Krushna Kayastha vs Krushna S/O Devchand Kayastha on 22 June, 2021
Bench: Swapna Joshi
1/3 Judg.25.mca.1232.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION NO. 1232 OF 2019
Sou. Neha Krushna Kayastha
Aged about 26 Years, Occupation - Household
Resident at - C/o Devendra Laxmanrao
Kayastha, Pathak Galli, Ward No.9, Buldana,
Tahsil and District Buldana. ... APPLICANT
VERSUS
Krushna Devchand Kayastha
Aged 28 Years, Occupation - Business, Mobile
Shoppe and Juice Centre, Resident at -
Remsetu Pul, Sangmeshwar, Malegaon, Tahsil
Malegaon, District Nasik. ... RESPONDENT
Mr. S. S. Deshpande, Advocate for Applicant.
None for the Respondent.
CORAM : MRS. SWAPNA JOSHI, J.
DATE : JUNE 22, 2021.
ORAL JUDGMENT
. Heard. Rule. Rule made returnable forthwith. Matter is taken up
for final hearing with consent of the learned Counsel for Applicant. None
appears for the Respondent, though served.
2. By this Application, Applicant is seeking transfer of the Hindu
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Marriage Petition No. 573/2019 pending on the file of Civil Judge Senior
Division, Malegaon to the Civil Judge Senior Division, Buldhana.
3. Mr. Deshpande, the learned Counsel for Applicant submits that the
distance between Malegaon and Buldhana is more than 250 kilometers and the
Applicant finds it difficult to attend the proceedings pending at Malegaon, as
there are threats given by the Respondent and his family members for
withdrawal of the case filed by the Applicant under the provisions of Domestic
Violence Act. The learned Counsel further submits that since Malegaon is far
away from Buldhana, Applicant requires the company of her family members
to attend the proceedings at Malegaon. Hence, every time it is not possible for
her family members to accompany her to attend the proceedings at Malegaon.
The learned Counsel for Applicant submits that the Respondent attends the
court proceedings filed by the Applicant under the provisions of Domestic
Violence Act at Buldhana. Hence he can very well attend the proceedings filed
by him at Buldhana. In view thereof, the learned Counsel for Applicant prays
for transfer of the proceedings pending on the file of Civil Judge Senior
Division, Malegaon to the file of Civil Judge Senior Division, Buldhana.
4. It is well settled that wife's convenience is to be seen, more
particularly when the husband has filed the petition against her.
5. The Hon'ble Apex Court in the matter of Sumita Singh V/s Kumar
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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.
6. Considering the above legal position, it would be just and proper to
transfer the Hindu Marriage Petition No. 573/2019 pending on the file of Civil
Judge Senior Division, Malegaon to the file of Civil Judge Senior Division,
Buldhana. Hence, the following order.
ORDER
(i) Misc. Civil Application No. 1232 of 2019 is allowed.
(ii) The proceedings i.e. Hindu Marriage Petition No. 573/2019 pending on
the file of Civil Judge Senior Division, Malegaon is hereby transferred
to the file of Civil Judge Senior Division, Buldhana.
(iii) Parties to appear before the Civil Judge Senior Division, Buldhana on 2nd
July, 2021.
7. Rule is made absolute in aforesaid terms. There shall be no order
as to costs.
[MRS. SWAPNA JOSHI, J.]
Yadav VG
