Amrapali W/O Arun Nagdeve vs Arun S/O Bhimrao Nagdeve
2021 Latest Caselaw 8584 Bom

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

                      MISC. CIVIL APPLICATION NO. 6 OF 2020


      Amrapali w/o Arun Nagdeve
      Aged about 34 Years, Occupation - Nil;
      Resident at - Krushnapura Ward, Gondia,
      Tahsil and District Gondia.                                        ... APPLICANT

                     VERSUS

      Arun Bhimrao Nagdeve
      Aged about - 36 years, Occupation - Service;
      Resident at - Quarter No.31/1, Type-J,
      Jawarhar Nagar, Tahsil and District Bhandara.              ... NON-APPLICANT


Mr. Kaustubh Deogade, Advocate for Applicant.
None for the Non-applicant.


                                      CORAM   :   MRS. SWAPNA JOSHI, J.
                                      DATE    :   JUNE 29, 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 Non-applicant, though served.

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




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Marriage Petition No. 158/2017 pending on the file of Civil Judge Senior

Division, Bhandara to the file of Civil Judge Senior Division, Gondia.

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

Applicant is having two children i.e. daughter aged about 13 years and a son

aged about 9 years and she has to take care of those children. So also the

Applicant has filed proceedings for restitution of conjugal rights in the court of

Civil Judge Senior Division, Gondia. The Non-applicant is attending the said

proceedings at Gondia. Therefore, it would not be inconvenient for him to

attend the court proceedings at Gondia, if the proceedings filed by him at

Bhandara is transferred to Gondia.

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

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 and the fact that Applicant is

not in a position to attend the court proceedings at Bhandara, it would be just

and proper to transfer the Hindu Marriage Petition No. 158/2017 pending on




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the file of Civil Judge Senior Division, Bhandara to the file of Civil Judge

Senior Division, Gondia. Hence, the following order.

                                          ORDER

(i) Misc. Civil Application No. 6/2020 is allowed.

(ii) The proceedings i.e. Hindu Marriage Petition No. 158/2017 pending on

the file of Civil Judge Senior Division, Bhandara is hereby transferred to

the file of Civil Judge Senior Division, Gondia.

(iii) Parties to appear before the Civil Judge Senior Division, Gondia on 8th

July, 2021.

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

as to costs.

[MRS. SWAPNA JOSHI, J.] Yadav VG