Snehal W/O Arpit Dhote vs Arpit S/O Sudhirrao Dhote
2021 Latest Caselaw 16196 Bom

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

                  MISC. CIVIL APPLICATION NO. 73/2020

     Snehal w/o Arpit Dhote,
     aged about 30 years, Occ. Nil,
     r/o c/o Shri Sheshrao Tajne,
     13, Gita Nagar, Zingabai Takli,
     Nagpur, Tq. Dist. Nagpur.                               .....APPLICANT

                              ...V E R S U S...

     Arpit s/o Sudhirrao Dote,
     aged 35 years, Occ. Advocate,
     r/o Near Bank of India, Rajura,
     Tq. Rajura, Dist. Chandrapur.                           ...NON APPLICANT
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Ms Amruta Gupta, Advocate for applicant.
Mr. A. A. Dhawas, Advocate for non applicant.
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                              CORAM:- V. M. DESHPANDE, J.
                              DATED :- 23.11.2021.

ORAL JUDGMENT

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

by consent of learned counsel for the parties.

               Heard Ms Gupta, learned counsel for applicant and

Mr.Dhawas, learned counsel for non applicant.



2.             Applicant and non applicant are wife and husband.

Wife has approached to this Court seeking transfer of Hindu
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Marriage Petition No. 310/2018 pending on the file of Civil Judge

Junior Division, Chandrapur for divorce. The same is filed by the

husband.



3.           During the course of submission, it is pointed out that

the wife has already filed proceeding at Nagpur under the relevant

provisions of the Domestic Violence Act in the Court of learned

Judicial   Magistrate   First   Class,   Nagpur.   The   husband   is

participating in the said proceedings.



4.           Admittedly, the wife is residing along with her parents

and she is not having any independent source of income. It is also

not in dispute that as on today, she is not getting any amount of

maintenance.



5.           Mr. Dhawas, learned counsel for applicant would

submit that in view of the pursis dated 16.11.2021 filed by the

applicant withdrawing all the allegations made in this application,

he has no objection for transferring the matter from Chandrapur

to Nagpur.
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6.           Further, even on merits, since the wife is not getting

any amount of maintenance and husband is already participating

in the domestic violence proceedings at Nagpur, it will not be

prejudicial for the husband to attend the family court proceedings

at Nagpur. Of course, he can always move an application before

learned Judge of the Family Court to fix the divorce proceedings

on very same day when learned Magistrate has fixed the matter.



7.           In view of above, I pass the following order.

                        ORDER

     (i)        The application is allowed.
     (ii)       Hindu Marriage Petition No.310/2018 stands

transferred from the file of learned Civil Judge Senior Division, Chandrapur to the file of Family Court, Nagpur.

(iii) It will be open for the said learned Judge to try the matter himself or allot the same to any other Judge of the Family Court, Nagpur. Parties agree to appear before Principal Judge of Family Court, Nagpur on 22.12.2021.

(iv) It is made clear that the wife has withdrawn the allegations by filing pursis only for the purpose of present application under Section 24 of the Code of Civil Procedure.

No order as to costs.

JUDGE

kahale Digitally signed byYOGESH ARVIND KAHALE Signing Date:24.11.2021 17:40