Madhavi W/O Abhijit Tembhurne ... vs Abhijeet Yoganand Tembhurne
2021 Latest Caselaw 15954 Bom

                                 1

                                                 mca 231 of 2021.odt


   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             NAGPUR BENCH, NAGPUR

             Misc. Civil Application No.231 of 2021

Madhavi W/o Abhijit Tembhurne
alias Madhavi D/o Udaybhan Shamkuwar,
Aged about 39 years,
Occupation - Service,
R/o B-2 / 103,
Survey Number 5 / 1A,
Bhumkar Nagar, Narhe,
Pune.                                            ... Applicant

    Versus

Abhijeet Yoganand Tembhurne,
Aged 39 years,
Occupation - Service,
Presently working as a Manager
in Actis Technologies Private
Limited,
102, Siddhivinayak,
Aurum Building,
Survey No. 33/1,
Behind Eden Garden,
Viman Nagar, Pune,
Maharashtra 411014.

Alternate address :

Shravasti Society,
Patipura, Yavatmal,
Mobile No.9158332002                             ...Non-Applicant


Shri Sandeep Marathe, Advocate for Applicant.
Shri A.P. Kalmegh, Advocate for Non-Applicant.


       CORAM : V.M. DESHPANDE, J.

DATE : 17th NOVEMBER, 2021

mca 231 of 2021.odt

Oral Judgment :

1. Rule. Rule is made returnable forthwith. Heard finally by

consent of the learned counsel for the parties.

2. By this application under Section 24 of the Code of Civil

Procedure, the applicant, who is the wife of the non-applicant, is

praying for transfer of Hindu Marriage Petition No.A-16/2021, filed by

the respondent- husband for divorce, from Yavatmal to Pune.

3. The marriage between the parties took place on 15-6-2008. The

non-applicant- husband has filed a reply opposing the application for

transfer. Though the application is vehemently opposed by the

learned counsel for the non-applicant- husband, I am of the view that

the petition for divorce filed by the non-applicant- husband needs to be

transferred from Yavatmal to Pune.

4. It is an admitted position that after the marriage, the parties

started residing at Pune. It is also an admitted position that the

applicant- wife is a Lecturer in a College, whereas the non-applicant-

husband is a Manager in a reputed firm. It is also an admitted fact

that the applicant and the non-applicant both are working at Pune

only.

mca 231 of 2021.odt

5. In view of the fact that the applicant and the non-applicant are

working at Pune, it will be cumbersome for both of them to attend the

proceedings at Yavatmal. Consequently, I pass the following order :

6. The Misc. Civil Application is allowed. The Hindu Marriage

Petition No.A-16/2021 filed by the non-applicant- husband for divorce

in the Family Court at Yavatmal is ordered to be transferred

immediately to the file of learned Principal Judge, Family Court, Pune.

After the receipt of the record and proceedings, it shall be open for the

learned Principal Judge, Family Court, Pune, either to hear and decide

the matter on merits or allot it to any other Judge of the Family Court.

The parties agreed to appear before the learned Principal Judge,

Family Court, Pune, on 22-12-2021. It is made clear that the Court,

which shall decide the petition for divorce on merits, shall not be

influenced by this order of transfer.

7. Rule is made absolute in the above terms. No costs.

JUDGE.

Lanjewar

Digitally Signed By :P D LANJEWAR Signing Date:18.11.2021 15:30