Bombay High Court
Mrs. Ashwini W/O Pemeshwar Kakde vs Mr. Pemeshwar S/O Chudamanji ... on 9 March, 2021
Bench: Swapna Joshi
1 18.MCA. NO. 998-2019 JUDGMENT.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION NO. 998 OF 2019
Mrs. Ashwini W/o Pemeshwar Kakde,
Aged about 21 years, Occ. Household,
R/o. C/o. Shri Ramrao Hatkar,
at Post Mothi Rui,
Tah. Digras, Distt. Yavatmal. .. APPLICANT
...Versus...
Mr. Pemeshwar S/o Chudamanji
Kakde,
Aged about 23 years, Occ. Private,
R/o. Plot No. 1417, Mini Mata Nagar,
Near Water Tank, Bhandara Road,
Pardi, Nagpur-440035. ..NON-APPLICANT
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Shri R.J. Shinde, Advocate for the Applicant.
None for the Non-applicant.
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CORAM : MRS. SWAPNA JOSHI, J.
DATED : 09th MARCH, 2021.
ORAL JUDGMENT :-
Rule. Rule is made returnable forthwith. Heard
finally by consent of learned counsel appearing for the
applicant.
2. Non-applicant is absent though served on
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2 18.MCA. NO. 998-2019 JUDGMENT.odt
19.10.2019.
3. By this Application, the applicant/wife seeks
transfer of Petition No. A-834/2019 instituted by the non-
applicant/husband, pending on the file of Principal Judge,
Family Court, Nagpur to the Civil Judge, Senior Division,
Darwha, District Yavatmal.
4. The applicant is a legally wedded wife of the non-
applicant. The marriage was solemnized between the applicant
and non-applicant on 09.05.2017 at Majuba Maharaj Prasanna,
Mothi Rui, Digras as per Hindu rites and customs. After the
marriage, the applicant was treated properly for four months,
and thereafter, the non-applicant and his parents started
harassing the applicant for dowry. It is submitted that due to
harassment at the hands of the non-applicant, the applicant was
constrained to leave her matrimonial house and started residing
with her parents at Mothi Rui, Taluqa Digras, District Yavatmal.
5. It is submitted that on 28.06.2019, the non-
applicant has filed the divorce petition against the applicant
before the Principal Judge, Family Court, Nagpur vide Petition
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3 18.MCA. NO. 998-2019 JUDGMENT.odt
No. A-834/2019.
6. Shri Shinde, the learned counsel for the applicant
submitted that on 01.07.2019, the applicant has filed the
proceedings under Sections 12 to 24 of the Protection of Women
from Domestic Violence Act, before the Judicial Magistrate First
Class, Digras, District Yavatmal, vide Misc. Cri. Case
No. 120/2019.
7. Learned counsel for the applicant submitted that the
applicant is staying at the mercy of her parents at Mothi Rui,
Taluqa Digras, District Yavatmal and she finds it very difficult to
attend the Court proceedings at Nagpur, as it is 225 kms. away
from Darwha, District Yavatmal, so also, she is not in a financial
condition to attend the Court proceedings at Nagpur.
8. 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.
9. Considering the aforesaid facts and circumstances, it
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4 18.MCA. NO. 998-2019 JUDGMENT.odt
would be just and proper to transfer Petition No. A-834/2019,
pending on the file of Principal Judge, Family Court, Nagpur to
the Civil Judge, Senior Division, Darwha, District Yavatmal.
ORDER
i. Misc. Civil Application No. 998/2019 is allowed.
ii. The proceedings bearing Petition No.
A-834/2019, pending on the file of Principal
Judge, Family Court, Nagpur, are transferred to
the Civil Judge, Senior Division, Darwha, District
Yavatmal.
iii. Parties to appear before the learned Civil Judge,
Senior Division, Darwha, District Yavatmal on
01.04.2021.
10. Rule is made absolute in aforesaid terms. There
shall be no order as to costs.
( MRS. SWAPNA JOSHI, J.)
S.D.Bhimte
