Bombay High Court
Jyotsna Sanjay Supekar vs Sanjay Govindrao Supekar on 26 April, 2022
Bench: Manish Pitale
1/5 931-MCA 429.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION (TR) NO. 429 OF 2021
Jyotsna Sanjay Superkar
vs.
Sanjay Govindrao Superkar
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. Sumit Gandhe, Advocate for applicant.
Mr. Vijay Morande, Advocate for respondent.
CORAM : MANISH PITALE J.
DATE : 26/04/2022
By this application, the applicant (wife) is
seeking transfer of divorce petition bearing H.M.P.
No.A-97/2019, filed by the respondent (husband)
before the Court of Civil Judge Senior Division,
Gangakhed, District - Parbhani to the Family Court at
Yavatmal.
2. This Court issued notice in the present
application and granted stay of further proceedings in
the said petition. The respondent has appeared
through counsel and filed reply.
3. Mr. Gandhe, learned counsel appearing for
the applicant submits that in the present case, the
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applicant is finding it inconvenient to attend the
proceedings in the aforesaid petition filed at the
Court at Gangakhed, District - Parbhani, because of
the considerable distance between Yavatmal and
Gangakhed. It is further submitted that at least two
proceedings initiated at Yavatmal are pending and
therefore, it would be appropriate that divorce
petition is also transferred to the Family Court at
Yavatmal.
4. Mr. Vijay Morande, learned counsel for the
respondent submitted that the proceedings in the
divorce petition have reached the stage of judgment
and it is a matter of fact that the applicant did file her
written statement, to the aforesaid divorce petition. It
was submitted that this indicates that she had
attended the proceedings in the Court at Gangakhed.
5. Attention of this Court was invited to
order dated 03/05/2017, passed in an earlier transfer
application filed on behalf of the applicant
concerning prayer for transfer of custody petition
pertaining to children, from the Court at Gangakhed
to competent Court at Yavatmal. The said application
was disposed of only with a direction to the
respondent to pay Rs.5000/- per date towards
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expenses to the applicant to attend the proceedings in
the Court at Gangakhed.
6. It was submitted that the respondent had
suffered an accident, due to which, he is having
difficulty in travelling. It is also brought to the notice
of this Court that there is an FIR registered against
the brother of the applicant at Gangakhed for having
assaulted the respondent by a means of knife. On
this basis, it is submitted that the respondent is
strongly opposing the prayer made in the present
application.
7. This Court has perused the material on
record. The earlier order passed by this Court in the
Misc. Civil Application No.822 of 2016 on
03/05/2017, on a similar plea for transfer of
proceeding, shows that the said prayer was not
accepted by this Court and instead the aforesaid
direction to pay expenses per date was issued against
the respondent. The fact that the applicant did file
reply/written statement to the divorce petition has
not been denied. It is also not denied that the
proceedings before the Court at Gangakhed, District -
Parbhani have reached the stage of judgment. In
such a situation, particularly in the backdrop of the
fact that the aforesaid FIR is registered against the
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brother of the applicant at Gangakhed and there is
material to indicate that the respondent indeed
suffered injuries in a serious accident, this Court is of
the opinion that the prayer for transfer of the
proceedings from Gangakhed to Yavatmal cannot be
granted. Instead, an appropriate direction can be
given for paying expenses for attending the case at
Gangakhed.
8. It is significant that in the present case,
although there are three children from the wedlock,
they have all attained the age of majority and the
eldest daughter is already married. Therefore, there
is no case made out by the applicant that there are
any minor children who need her attention or she
would find it extremely difficult to travel from
Yavatmal to Gangakhed, District Parbhani. Hence, the
present application is disposed of only with a
direction to the respondent to deposit an amount of
Rs.5000/- for the date on which the applicant is
required to attend the proceedings in the aforesaid
divorce petition pending at the competent Court in
Gangakhed, District Parbhani. The said amount shall
be disbursed in favour of the applicant, if she attends
the proceedings before the Court.
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9. Needless to say, the applicant would be at
liberty to take all such steps available to her to
contest the aforesaid divorce petition at the Court in
Gangakhed, District - Parbhani.
10. Application stands disposed of.
JUDGE
Digitally signed byRAVIKANT
CHANDRAKANT KOLHE
Signing Date:27.04.2022
19:10
KOLHE
