Bombay High Court
Mrs. Mohini Gajanan Pohokar vs Mr. Gajanan Ramkrushna Pohokar on 22 November, 2021
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
MISC. CIVIL APPLICATOIN (Tr.) NO. 77 OF 2020
APPLICANT : Mrs. Mohini Gajanan Pohokar,
Age 29 years, Occu. Umemployed,
R/o Prabhavati Layout, Ambika Nagar,
Darwha, Tal. Darwha, Dist. Yavatmal.
VERSUS
NON-APPLICANT : Gajanan Ramkrushna Pohokar,
Age. 34 years, Occu. Service,
R/o Shivaji nagar, Anjangaon Surji,
Tah. Anjangaon Surji, Dist. Yavatmal.
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Mr. R. R. Dawda, Advocate for the applicant.
Mr. A. A. Dhawas, Advocate for the non-applicant.
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CORAM : V. M. DESHPANDE, J.
DATE : NOVEMBER 22, 2021.
ORAL JUDGMENT
1. Rule. Rule is made returnable forthwith. Heard finally
by consent of the learned counsel for the parties.
2. Heard Mr. R.R. Dawda, learned counsel for the applicant
and Mr. A.A. Dhawas, learned counsel for the non-applicant.
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3. By this application filed under Section 24 of the Code of
Civil Procedure, 1908, the applicant/wife is praying for transfer of
Hindu Marriage Petition (HMP) No. 124/2019, which is pending on
the file of learned Civil Judge, Senior Division, Daryapur to the file of
learned Civil Judge, Senior Division, Darwha.
4. The applicant and the non-applicant are husband and
wife. Their marriage took place in the month of June-2012. It
appears that thereafter matrimonial discord occurred in their
matrimony resulting into both of them residing separately. The
applicant resides at Darwha along with her parents. Admittedly, she
is unemployed and she is also not getting any maintenance amount.
5. The non-applicant/husband is working as a Lab Assistant
in Rural Hospital, Daryapur and as such a government servant.
6. The applicant/wife is ready for cohabitation and
therefore, she filed an application under Section 9 of the Hindu
Marriage Act, 1955 for restitution of conjugal rights on 22.12.2018
in the Court of learned Civil Judge, Senior Division, Darwha. The
3 MCA77.20.odt
said application is registered as Hindu Marriage Petition (HMP) No.
143/2018.
7. Notice on the said petition filed by the wife is already
issued and this Court is informed by both the learned counsel that in
pursuance of the notice, non-applicant has appeared and participated
in H.M.P. No.143/2018.
8. Be that as it may. Non-applicant/husband, in the year
2019, more specifically on 10.10.2019, filed an application under
Section 13 of the Hindu Marriage Act, 1955 against the applicant/
wife for divorce in the Court of learned Civil Judge, Senior Division,
Daryapur. The said application is registered as H.M.P. No.124/2019.
9. In view of the fact that the applicant/wife has initially
filed an application under Section 9 of the Act of 1955 for restitution
of conjugal rights, in the said proceeding the husband is already
participating and looking to the fact that the applicant is not
supported with any financial assistance by the non-applicant/
husband, in my view, the present application filed by wife needs to
4 MCA77.20.odt
be considered favourably. Consequently, I pass the following order :
ORDER
1. Misc. Civil Application No. 77/2020 is allowed.
2. It is hereby directed that H.M.P. No. 124/2019, pending
on the file of learned Civil Judge, Senior Division,
Daryapur be transferred to the Court of learned Civil
Judge, Senior Division, Darwha immediately.
3. The parties are directed to appear in the Court of
learned Civil Judge, Senior Division, Darwha on
21.12.2021.
4. With these directions, the application is disposed of. No
order as to costs.
JUDGE
Diwale
Digitally signed byPARAG
PRABHAKARRAO DIWALE
Signing Date:24.11.2021
16:02
