Bombay High Court
Smt. Mangal Vinod Lad vs Vinod Dadasaheb Lad on 16 March, 2021
Bench: V.K. Jadhav
1 928-MCA.193-17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
928 MISC.CIVIL APPLICATION NO.193 OF 2017
SMT. MANGAL VINOD LAD
VERSUS
VINOD DADASAHEB LAD
...
Advocate for Applicant : Mr. Virdhe Bhushan V.
Advocate for Respondent : Mr. Bhumkar R. P.
...
CORAM : V.K. JADHAV, J.
Dated : March 16, 2021
...
PER COURT :-
1. By consent, heard fnally at admission stage.
2. The applicant-wife is seeking transfer of Hindu
Marriage Petition No.102 of 2017 pending before learned
Civil Judge, Senior Division, Beed to the Civil Judge
Senior Division, Kopergaon, District Ahmednagar for its
disposal according to law.
3. Learned counsel for the applicant-wife submits
that the applicant-wife has no independent source of
income. The applicant was deserted by the respondent
and since then, the applicant and her children are
residing with her parents at Godhegaon, but for the
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purpose of education of children, at presently, the
applicant is residing at Sirasgaon, Taluka Kopergaon,
District Ahmednagar with her two children. The learned
counsel submits that there is a distance of more than
200 kilometers between Beed to Kopergaon. There is
nobody in the family to accompany with the applicant to
attend the court dates by travelling such a long distance
along with her two children. The respondent-husband
is in service. The applicant-wife has initiated the
proceedings under Section 125 of Cr.P.C. before the
Judicial Magistrate, First Class, at Kopergaon, bearing
Misc. Criminal Application No.352 of 2013 and by
judgment and order dated 08.11.2016, the learned
Magistrate has granted meager maintenance amount in
favour of children and applicant's maintenance was
rejected. Being aggrieved by the said judgment and
order dated 08.11.2016, passed by the Judicial
Magistrate First Class, the applicant has fled Regular
Criminal Revision Petition No.65 of 2016 before learned
District and Sessions Court, at Kopergaon and the same
is pending. The applicant has also fled Criminal
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Application No.547 of 2016 at Kopergaon for execution of
the judgment and order dated 08.11.2016, the same is
also pending.
4. Learned counsel for the applicant-wife in order to
substantiate his submissions, placed reliance on the
following cases:-
i) Sumita Singh vs. Kumar Sanjay and another, reported
in AIR 2002 SC 396;
ii) Mahadevi Gopal Mehetre vs. Gopal Prabhakar Mehetre,
reported in 2015 (5) AIR Bom R 250;
iii) Mona Aresh Goel vs. Aresh Satya Goel, reported in AIR
2000 SC 3512(1);
iv) Ravinder Kaur vs. Hitinder Singh, reported in AIR 2000
SC 3403(2);
v) Renu Gautam vs. Vinod Gautam, reported in AIR 2000
SC 3405 (1);
vi) Anjali Ashok Sadhwani vs. Ashok Kishichand
Sadhwani, reported in AIR 2009 SC 1374;
vii) Vaishali Shridhar Jagtap vs. Shridhar Vishwanath
Jagtap, reported in AIR 2016 SC 3584;
viii) Reena Mehra vs. Rohit Rai Mehra and another,
reported in AIR 2003 SC 1002;
ix) Rakhi Banerjee vs. Subhankar Mukherjee, reported in
AIR 2009 SC 928;
x) T. Gayatri Devi (Smt) vs. Tallepaneni Sreekanth (Dr.),
reported in 2013 (5) All.M.R. 918;
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xi) Anita Balkrishna Barge vs. Balkrishna Sopan Barge,
reported in 2010 (6) All M.R. 685;
xii) Smita Dhananjay Patil vs. Dhananjay Krishnakumar
Patil, reported in 2014 (1) AIR Bom R. 450;
xiii) Kalpana Pankaj Rozatkar vs. Pankaj Supadu Rozatkar,
reported in 2013 (5) AIR Bom R 51;
xiv) Sayali Swapnil Kuber vs. Swapnil Harischandra Kuber,
reported in 2014 (1) Mh.L.J. 584;
5. Learned counsel for the respondent-husband
submits that the respondent-husband has fled Hindu
Marriage Petition No.102 of 2017 before Civil Judge,
Senior Division at Beed. The learned counsel submits
that the applicant-wife is an educated woman and she
has also knowledge about nursing. The learned counsel
further submits that the distance between Beed to
Kopergaon, District Ahmednagar is not much to cause
inconvenience to the applicant-wife to attend the court
dates at Beed. Learned counsel further submits that
the respondent-husband is ready and willing to pay the
travelling charges to the applicant-wife, if the matter is
not transferred from Beed to Kopargaon. Learned
counsel submits that civil proceeding and criminal
proceedings are lying before the Civil Judge S.D. and
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Judicial Magistrate First Class, and, therefore, no
beneft to the either parties by transfer of the
proceedings from one District to another District. If the
proceedings is transferred from Beed to Kopargaon, then
the irreperable loss would cause to the respondent-
husband. Hence, misc. civil application be dismissed.
6. In the cases relied upon by learned counsel for the
applicant-wife, it is reiterated by almost all the courts
that, in matrimonial proceedings, the convenience of the
wife is paramount consideration.
7. Though the applicant-wife is an educated woman,
however, she is young lady and every time it is not
possible for her to attend the court dates at Beed along
with her two children. On the other hand, the
respondent-husband can attend the court dates
conveniently at Kopergaon, District Ahmednagar, if the
Hindu Marriage Petition No.102 of 2017 fled by him is
transferred from Beed to Kopergaon, District
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Ahmednagar. Thus, considering entire aspects of the
case, I proceed to pass the following order :-
ORDER
I. Miscellaneous Civil application is allowed in terms
of prayer clause "C".
II. Miscellaneous Civil application is accordingly
disposed off.
( V.K. JADHAV, J. )
...
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