Bombay High Court
Snehal W/O Dhiraj Agrawal vs Dhiraj S/O Ashok Agrawal on 10 March, 2021
Bench: Swapna Joshi
1/4 Judg.923.mca.424.2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION NO. 424 OF 2020
Snehal w/o Dhiraj Agrawal
Aged about 30 Years, Occupation-Household;
Resident at - C/o Sureshkumar Sudharam
Nangliya, Main Road, Gandhi Chowk,
Chandurbazar, Tahsil and District Amravati. ... APPLICANT
VERSUS
Dhiraj s/o Ashok Agrawal
Aged about 31 Years, Occupation-Service;
Resident at - Plot No.21, Laxminarayan
Nagar, Tahsil and Bhusawal 425201. ... NON-APPLICANT
Mr. Tejas Deshpande, Advocate for Applicant.
None for the Non-applicant.
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 Non-applicant though
served.
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2. By this Application, Applicant is seeking transfer of the Petition
bearing HMP No.130/2020 pending on the file of Joint Civil Judge Senior
Division, Bhusawal to the Civil Judge Senior Division, Achalpur.
3. Marriage between the Applicant and Non-applicant was
solemnized on 19/6/2018 as per Hindu rites and customs. After marriage
Applicant started cohabiting with the Non-applicant at Bhusawal. However, as
the dispute arose between the parties due to the illtreatment at the hands of
Non-applicant, she was constrained to leave her matrimonial home at
Bhusawal and started residing with her parents at Chandurbazar, District
Amravati.
4. The Applicant has filed proceedings under the provisions of
Protection of Women From Domestic Violence Act bearing PWDV Appln.
No.8/2019 in the court of Judicial Magistrate First Class, Chandurbazar,
district Amravati as well as the Hindu Marriage proceedings bearing HMP
No.105/2020 in the court of Civil Judge Senior Division, Achalpur. Whereas,
the Non-applicant has filed the proceedings under the Hindu Marriage Act for
dissolution of marriage bearing HMP No.130/2020 in the court of Civil Judge
Senior Division, Bhusawal. It is submitted that since the Applicant is living at
the mercy of her parents, she finds it difficult to attend the proceedings
pending in the court of Civil Judge Senior Division at Bhusawal. It is,
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therefore, requested that the proceedings pending before the Civil Judge
Senior Division, Bhusawal filed by the Non-applicant be transferred to the Civil
Judge Senior Division, Achalpur.
5. It is well settled that wife's convenience is to be seen, more
particularly when the husband has filed the petition against her.
6. 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.
7. 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. 130/2020 pending on the file of Civil
Judge Senior Division, Bhusawal to the Civil Judge Senior Division, Achalpur.
Hence, the following order.
ORDER
(i) Misc. Civil Application No. 424/2020 is allowed.
(ii) The proceedings i.e. Hindu Marriage Petition No.130/2020 pending on
the file of Civil Judge Senior Division, Bhusawal is hereby transferred to
the court of Civil Judge Senior Division, Achalpur.
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(iii) Parties to appear before the Civil Judge Senior Division, Achalpur on 1 st
April, 2021.
8. Rule is made absolute in aforesaid terms. There shall be no order
as to costs.
[MRS. SWAPNA JOSHI, J.]
Yadav VG
