Bombay High Court
Sau. Pooja Swapnil Banubakode vs Swapnil Dyaneshwarao Banubakode on 23 June, 2021
Bench: Swapna Joshi
23.06.21.MCA.1222.19
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
...
MISCELLANEOUS CIVIL APPLICATION (Tr) NO.1222/2019
Sau. Pooja Swapnil Banubakode
Aged about 28 years, occu: Housewife
R/o At present C/o Nanduji D.Sangole
Samadhi Ward, Chandrapur
Tah. & Dist. Chandrapur. ..APPLICANT
versus
Swapnil Dyaneshwarrao Banubakode
Aged 31 years, occu: Business
R/o Sangani Nagar, Behind Ram mandir
Amravati Tq. & Dist. Amravati. ..RESPONDENT
(Non-Applicant)
...................................................................................................................
Mr. A.A.Dhawas, Advocate for the applicant
Mr. S.B. Gandhe, Advocate 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 Marriage
Petition No.A-253/2019 instituted by the respondent-non applicant,
pending on the file of Principal Judge, Family Court, Amravati to the
Court of learned Civil Judge, Sr.Dn., Chandrapur.
::: Uploaded on - 24/06/2021 ::: Downloaded on - 25/06/2021 03:11:22 :::
23.06.21.MCA.1222.19
2
3. The learned Advocate for the applicant contended that the
applicant-wife finds it difficult to attend the proceedings at Amravati
since the distance between Amravati and Chandrapur is about 250 kms.
He further submitted that the applicant/wife is facing health issues
and on that count also, it would be difficult to attend the proceedings
at Chandrapur. He further submitted that already the proceedings
under the Domestic Violence Act filed by the applicant are pending in
the Court at Chandrapur and the respondent/husband attends the
same.
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
Marriage Petition No. A-253/2019 from Amravati to Chandrapur.
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
23.06.21.MCA.1222.19
i) Misc. Civil Application No. 1222/2019 is allowed.
ii) The proceedings bearing MP No. A-253/2019 pending on the file
of learned Principal Judge, Family Court Amravati stands transferred
to Court of learned Civil Judge Sr.Dn. Chandrapur.
iii) Rule is made absolute in aforesaid terms. There shall be no order
as to costs.
JUDGE
sahare
