Sau. Nutan Naresh Pardeshi vs Shri Naresh Shivratan Pardeshi
2021 Latest Caselaw 8358 Bom

                                                                                     23.06.21.MCA.572.19
                                                        1




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH, NAGPUR
                                                       ...

           MISCELLANEOUS CIVIL APPLICATION (Tr) NO. 572/2019

         Sau. Nutan Naresh Pardeshi
         Aged about 32 years, occu: Housewife
         R/o c/o Pandurang Champatrao Waghmare
         Chapmanwadi ,Yavatmal Tq. & Dist. Yavatmal.                                    ..APPLICANT

                                       versus

         Shri Naresh Shivratan Pardeshi
         Aged about 33 years, occu: service
         R/o Ekfal, Tq. Shegaon
         Dust. Buldana PIN 444203                                                        ..RESPONDENT
                                                                                         (Non-Applicant)
...................................................................................................................
                    Mr. R.. Nagpure, Advocate for the applicant
                    Mr. A.M.tirukh, Adv. For Respondent
................................................................................................................

                                                            CORAM: MRS.SWAPNA JOSHI, J.
                                                            DATED : 23rd June, 2021
ORAL JUDGMENT:


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

the consent of both the sides.

2.                 By this Application, the applicant seeks transfer of Hindu

Marriage Petition (HMP) No.150/2017 instituted by the respondent-non

applicant, pending on the file of learned Civil Judge, Sr.Dn., Khamgaon

to the Court of learned Civil Judge, Sr.Dn. Yavatmal.




      ::: Uploaded on - 24/06/2021                                         ::: Downloaded on - 25/06/2021 03:11:18 :::
                                                             23.06.21.MCA.572.19
                                         2


3.              The learned Advocate for the applicant contended that

about five proceedings were filed by the applicant/wife in the Court at

Yavatmal. It is submitted that since all those five matters are pending in

the Court at Yavatmal, the petition for divorce filed by the respondent/

husband be transferred from the Court of Civil Judge, Sr.Dn. Khamgaon

to the Court at Yavatmal. He contended that the applicant/wife finds it

difficult to attend the proceedings every now and then                   since the

distance between Yavatmal and Khamgaon is about 105 kms.

4.              The       learned   counsel for the respondent        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

HMP No.115/2017 from Khamgaon to Yavatmal.

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) The Misc. Civil Application No. 115/2017 is allowed.

23.06.21.MCA.572.19

ii) The proceedings bearing HMP No. 115/2017 pending on the file

of learned Civil Judge, S.D. Khamgaon stands transferred to the Court

of learned Civil Judge S.D.Yavatnal.

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

as to costs.

JUDGE sahare