Shama Rahul Moholkar Alias Shama ... vs Rahul Deorao Moholkar
2021 Latest Caselaw 4784 Bom

                                                                  24.WPST.2858-21.doc

Bhogale
              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION
                    WRIT PETITION ST. NO.2858 OF 2021

      Shama Rahul Moholkar Alias
      Shama Vasant Padale                                .. Petitioner
          vs.
      Rahul Deorao Moholkar                              .. Respondent
                                      -----------
      Mr. Abhijit D. Sarwate a/w Mr. Ajinkya Udane for the Petitioner.
                                      -----------

                               CORAM : M.S.KARNIK, J.

                               DATE       : MARCH 16, 2021
      P.C.

Heard learned counsel for the Petitioner.

2. The order challenged in this Petition is the one passed by the

Principal Judge, Family Court, Pune dated 30.01.2021 withdrawing

the proceedings pending in Court No.3 of the Family Court and

transfering the same to Court No.4 for hearing and fnal disposal

according to law. The order is passed on administrative ground. An

administrative order passed by the learned Principal Judge is under

challenge.

3. The Petitioner is the wife of the Respondent. The Petition has

been fled before the Family Court for divorce on the ground of

cruelty.

4. The matter was fied for evidence before Court No.3. It is

the submission of learned counsel for the Petitioner that the

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Respondent-husband was dissatisfed with the orders that were

being passed by the Court No.3. In fact the Respondent-husband

had made an application for transfer of the proceedings by fling

Miscellaneous Civil Application No.57 of 2020. Learned counsel for

the Petitioner invited my attention to the judgment and order dated

06.01.2021 passed by the Principal Judge, Family Court, Pune

rejecting the Transfer Petition.

5. Learned counsel for the Petitioner submitted that the

Principal Judge, Family Court by an administrative order dated

30.01.2021 withdrew the proceedings from Court No.3 and

transferred the same to Court No.4 on administrative ground. It is

his contention that having rejected the Transfer Petition fled by the

Respondent-husband only on 06.01.2021, there was then no

justifcation for withdrawing the proceedings from Court No.3 and

transfering the same to Court No.4 on administrative ground.

Learned counsel submitted that the Respondent-husband who was

browbeating the concerned Judge, having failed in his attempt to

transfer the proceedings, has now indirectly succeeded in his

attempt as a result of this transfer. In the submission of learned

counsel for the Petitioner this course adopted by the Principal

Judge is not permissible. Learned counsel eitensively relied upon

the decision of this Court in the case of Sapana Shekhar Pokale

Vs. Shekhar Pandharinath Pokale1. My attention is invited to

the observations made by this Court. It is pointed out that if the

1 2018 4 AllMR 522

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proceedings are transferred and for the reasons which the

Respondent wants, it would seriously afect the solemnity and

sanctity of judicial proceedings.

6. Learned counsel would submit that as a result of the said

transfer on administrative ground, it is the Respondent-husband

who has ultimately succeeded in his attempt to remove the

proceedings from the Court which he found to be inconvenient.

7. I have heard learned counsel for the Petitioner at some

length. The order impugned is withdrawing the proceedings from

Court No.3 and transferring the same to Court No.4 for hearing and

fnal disposal on administrative ground by the Principal Judge,

Family Court, Pune. The decision relied upon by learned counsel for

the Petitioner in Sapana Shekhar Pokale's case, in my opinion,

will not apply to the facts of the present case in as much as the

impugned order is not passed on an application made under

Section 24 of the Code of Civil Procedure for transfer of the

proceedings, but the proceedings in the present case are

withdrawn and transferred from Court No.3 to Court No.4 on

administrative grounds in the eiercise of administrative powers of

the leaned Principal Judge, Family Court.

8. I therefore see no reason to interfere in the eiercise of writ

jurisdiction under Article 227 of the Constitution of India.

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9. The Writ Petition is rejected.

(M.S.KARNIK, J.)

Digitally signed by Urmila Urmila P.

         Ingle
P.       Date:
Ingle    2021.03.16
         20:23:52
         +0530




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