Bombay High Court
Dr. Rakhi W/O Jai Sharma @ Payasi ... vs Dr. Jay S/O Vaishnudayal Sharma @ ... on 27 October, 2021
Bench: V.M. Deshpande
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
MISCELLANEOUS CIVIL APPLICATION NO. 270 OF 2020
Dr. Rakhi W/o Jai Sharma @ Payasi (Dr.
Rakhi D/o Dr. Rajendra Prasad Trivedi),
aged about 33 years, Occupation Doctor, .. APPLICANT
R/o. C/o. Dr. Rajendra Prasad Trivedi,
Post & Tah. Selu (Ghord), District Wardha
Versus
Dr. Jay S/o Vaishnudayal Sharma @
Payasi, aged about 38 years, Occ. Doctor,
.. RESPONDENT
R/o Ward No.20, Bhatera, in front of Sent
Marry School, Balaghat, Tah. & Distt.
Balaghat (Madhya Pradesh)
Smt. Manju M. Ghatode, Advocate for applicant
CORAM: V.M. DESHPANDE, J.
DATE : 27/10/2021
ORAL JUDGMENT :
This application is filed under Section 24 of the Code
of Civil Procedure to transfer Petition No. A-1382/2018 filed by
the non-applicant before the Principal Judge, Family Court,
Nagpur for its transfer to the learned Civil Judge (Senior
Division), Wardha.
61-mca-270-2020.odt
2. Though the notices which were issued by this Court
were received and the non-applicant is served, the non-
applicant has not put appearance in this application. On two
occasions i.e on 22/06/2021 and 04/08/2021, this Court
granted time to the non-applicant to submit his case before the
Court. Inspite of the time granted, the non-applicant chose not
to appear and contest this application.
3. Rule. Rule is made returnable forthwith.
4. Heard Smt. Manju Ghatole, learned counsel for the
applicant. She pointed out that marriage between the applicant
and non-applicant was solemnized on 04/12/2014 and the
couple was blessed with one female child by name Aradhya. It
is submitted by the applicant on affidavit that though for initial
period she was well treated subsequently mental treatment was
there at the hands of the non-applicant. Resultantly, the
applicant was required to leave the company and she started
residing at her parental house since 2018. It is submitted that
the non-applicant did not make any attempt to reconcile or even
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61-mca-270-2020.odt
to meet minor daughter. However, she received a notice of the
petition from the Family Court, Nagpur in respect of the petition
filed under Section 10 read with Section 13(1) under the Hindu
Marriage Act.
5. It is the contention on the part of the applicant that
though the distance between Wardha and Nagpur is less than
100 Km it will cumbersome for her to attend each and every
date of the proceedings at Nagpur specially when she is residing
with her parents along with her toddler. Since the statement of
facts made in this application remained to be controverted by
the non-applicant inspite of sufficient opportunity given to him,
I am of the view that even if this application is allowed, no
prejudice will be caused to the non-applicant. Resultantly, I pass
the following order :
i. The application is allowed.
ii. Petition No. A-1382/2018, pending on the file of Principal
Judge, Family Court at Nagpur is hereby transferred from
the said Court to the Court of Civil Judge Senior Division,
Wardha, to decide the same in accordance with law.
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61-mca-270-2020.odt
iii. The learned Civil Judge, Senior Division, Wardha is
directed to issue notice to the non-applicant (original
petitioner) after the receipt of the record at the said Court
and for his appearance.
Rule is made absolute in above terms.
No costs.
JUDGE
MP Deshpande
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