Bombay High Court
Yamini W/O Swapnil Mahawadiwar ... vs Swapnil S/O Sadashiv Mahawadiwar on 10 March, 2021
Bench: Swapna Joshi
1/3 Judg.921.mca.5.2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION NO. 5 OF 2020
Yamini w/o Swapnil Mahawadiwar
[before marriage Yamuna Satish Gadge]
Aged about 30 Years, Occupation - Nil;
Resident at - Near Ambedkar Hall, Ravi
Nagar, Amravati Road, Nagpur. ... PETITIONER
VERSUS
Swapnil Sadashiv Mahawadiwar
Aged about 36 Years, Occupation - Service;
Resident at - B-707, Mulik Laxuria, Baif Road,
Near Moze College, infront of IDBI Bank,
Wagholi, Pune-412207. ... RESPONDENT
Ms. Shiba Thakur, Advocate for Petitioner.
None for the Respondent.
CORAM : MRS. SWAPNA JOSHI, J.
DATE : MARCH 10, 2021.
ORAL JUDGMENT
. Heard. Rule. Rule made returnable forthwith. Heard learned
Counsel for the Petitioner finally. None appears for the Respondent though
served.
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2. By this Application, Petitioner is seeking transfer of the Hindu
Marriage Proceeding bearing Petition No.9000/2019 pending on the file of
Civil Judge Senior Division, Pune to the Family Court at Nagpur.
3. The Petitioner is legally wedded wife of the Respondent. Marriage
between the Petitioner and Respondent solemnized on 24/4/2018 as per
Hindu customs and religious rites. After marriage Petitioner started cohabiting
with the Respondent at Pune which is at a distance of approximately 800
kilometers. It is alleged that the Petitioner was subjected to cruelty. Hence, she
was constrained to leave her matrimonial home and started residing with her
parents at Nagpur. During her stay at Nagpur, Petitioner filed proceedings
under the Domestic Violence Act on 7/9/2019. It is submitted that the
Respondent has filed divorce proceedings bearing HMP No.9000/2019 before
the Civil Judge Senior Division, Pune. It is submitted that since the Petitioner is
at the mercy of her parents, she finds it difficult to attend the proceedings at
Pune. It is, therefore, requested that the proceedings pending before the Civil
Judge Senior Division, Pune filed by the Respondent be transferred to the
Family Court, Nagpur.
4. It is well settled that wife's convenience is to be seen, more
particularly when the husband has filed the petition against her.
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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 fact that the Applicant - wife is living at the mercy
of her parents and she depends on them, it would be just and proper to
transfer the Hindu Marriage Petition No. 9000/2019 pending on the file of
Civil Judge Senior Division, Pune to the Family Court at Nagpur. Hence, the
following order.
ORDER
(i) Misc. Civil Application No. 5/2020 is allowed.
(ii) The proceedings i.e. Hindu Marriage Petition No.9000/2019 pending on
the file of Civil Judge Senior Division, Pune is hereby transferred to the
Family Court at Nagpur.
(iii) Parties to appear before the Family Court at Nagpur on 25th March,2021.
7. Rule is made absolute in aforesaid terms. There shall be no order
as to costs.
[MRS. SWAPNA JOSHI, J.]
Yadav VG
