Bombay High Court
Mrs. Janvi @ Jimmi W/O Pranay ... vs Mr. Pranay S/O Bhaiya Ghugre on 10 March, 2021
Bench: Swapna Joshi
1/3 Judg.15.mca.1114.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION NO. 1114 OF 2019
Mrs. Janvi @ Jimmi Pranay Ghugre
Aged about 29 Years, Occupation -
Housewife; Resident at - C/o Omprakash
Marotrao Waghore, Plot No.11, Datta Colony,
Dastur Nagar, MIDC Road, Amravati. ... APPLICANT
VERSUS
Pranay Bhaiya Ghugre
Aged about 23 Years, Occupation - Private
Service, Resident at - Flat No. 402, 3rd Floor,
Plot No. 69, Raghvendra Housing Co-
operative Society, Bharat Gas Godown,
Krushna Kunj Building, Omkar Nagar, Nagpur. ... RESPONDENT
Mr. G. I. Dipwani, Advocate for Applicant.
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 Applicant finally. None appears for the Respondent though
served.
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2. By this Application, Applicant is seeking transfer of the Petition No.
A-1196/2018 pending on the file of the Family Court No.3, Nagpur to the
Family Court, Amravati.
3. The Applicant is legally wedded wife of the Respondent. Their
marriage was solemnized on 17/5/2017 as per Hindu rites and customs at
Amravati. After marriage the Applicant started cohabiting with the Respondent
at Nagpur. It is alleged that few days after the marriage Respondent started
illtreating the Applicant. Therefore, she was constrained to leave the
matrimonial home and started residing with her parents at Amravati. It is
submitted that the Applicant filed proceedings under the Domestic Violence
Act bearing MCA No.147/2018 in the court of Judicial Magistrate First Class,
Amravati. The Respondent filed divorce proceedings under the Hindu Marriage
Act bearing HMP No. 1196/18 in the Family Court at Nagpur. It is submitted
that the Applicant is living at the mercy of her parents at Amravati. She is not
in a financial condition to attend each and every date in the proceedings at
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.
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
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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. A-1196/2018 pending on the file of
Family Court at Nagpur to the Family Court at Amravati. Hence, the following
order.
ORDER
(i) Misc. Civil Application No. 1114/2019 is allowed.
(ii) The proceedings i.e. Hindu Marriage Petition No. A-1196/2018 pending
on the file of Family Court at Nagpur is hereby transferred to the Family
Court at Amravati.
(iii) Parties to appear before the Family Court at Amravati 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
