Vishal Manik Chavan vs Sau. Puja Vishal Chavan (Puja D/O ...
2023 Latest Caselaw 9 Bom

                                           44 MCA 86.21.odt..odt
                                               1/9



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

         CRIMINAL APPLICATION NO.86 OF 2021


Vishal Manik Chavan,
a/a 28 years, Occu- Private,
R/o plot No.78, Adivasi Society
Wadi Naka No.10,
Amravati Road, Nagpur-23                     ... APPLICANT


                           // VERSUS //

Sau. Puja Vishal Chavan,
Puja D/o Subhash (Maharaj) Rathod,
a/a- 26 yrs, Occu.- House wife,
R/o Poharadevi, Tq - Manora,
District - Washim                       ... NON-APPLICANT


Shri R.R. Rathod, Advocate for the applicant.
Shri R.J. Shinde, Advocate for the non-applicant.
____________________________________________________

                             WITH

       MISC. CIVIL APPLICATION NO.309 OF 2021


 Sau. Puja Vishal Chavan,
 (Puja D/o Subhash (Maharaj) Rathod),
  aged about 27 yrs, Occu.- Household
  R/o Poharadevi, Tq - Manora,
  District - Washim                         ... APPLICANT
                                           44 MCA 86.21.odt..odt
                                              2/9



                           // VERSUS //


Vishal Manik Chavan,
a/a 28 years, Occu- Private,
R/o plot No.78, Adivasi Society
Wadi Naka No.10,
Amravati Road, Nagpur-23             ... NON-APPLICANT


Shri R.J. Shinde, Advocate for the applicant.
Shri R.R. Rathod, Advocate for the non-applicant.
____________________________________________________

                        WITH

       MISC. CIVIL APPLICATION NO.212 OF 2022


Vishal Manik Chavan,
a/a 28 years, Occu- Private,
R/o plot No.78, Adivasi Society
Wadi Naka No.10,
Amravati Road, Nagpur-23                  ... APPLICANT


                           // VERSUS //

Sau. Puja Vishal Chavan,
Puja D/o Subhash (Maharaj) Rathod,
a/a- 26 yrs, Occu.- House wife,
R/o Poharadevi, Tq - Manora,
District - Washim               ... NON-APPLICANT


Shri R.R. Rathod, Advocate for the applicant.
Shri R.J. Shinde, Advocate for the non-applicant.
____________________________________________________
                                               44 MCA 86.21.odt..odt
                                                  3/9



CORAM : G. A. SANAP, J.

DATE:- 02/01/2023

ORAL JUDGMENT

1. Admit. Heard finally by consent of learned Advocates

for the parties.

2. These three applications are between the same parties

and therefore can be disposed of by this common order.

3. The Criminal Application No.86/2021 is filed by

husband seeking transfer of PWDVA Application No.07/2021

filed by wife and pending before learned Judicial Magistrate First

Class, Manora, District Washim to the Court of Judicial Magistrate

First Class, Nagpur. MCA (Transfer) No.309/2021 is filed by

wife seeking transfer of divorce proceeding i.e. HMP Petition

No.261/2020 pending before Family Court at Nagpur to the

competent Court at Mangrulpir, District Washim. MCA

(Transfer) No.212/2022 is filed by applicant-husband seeking

transfer of restitution proceedings i.e. Marriage Petition 44 MCA 86.21.odt..odt

No.67/2021 filed by wife in the competent Court at Mangrulpir

District Washim to the competent Court at Nagpur.

4. The husband is working at Seattle, United States of

America. For attending the Court matters at Mangrulpir and

Manora, he has to travel all the way from Seattle USA to Nagpur

and from Nagpur to Mangrulpir and Manora. It is stated that in

D.V. Act proceedings, all his family members, who are residing at

Nagpur have been arrayed as non-applicants. It is stated that wife

would alone be required to attend the proceedings at Nagpur. He

is ready to bear the travelling charges of the wife to attend the

Court. It is therefore, submitted that considering inconvenience

likely to be caused to the husband, the proceedings pending at

Manora as well as Mangrulpir may be transferred to the Court of

competent jurisdiction at Nagpur.

5. The wife has opposed the application. She has

reiterated the facts stated by her in her application for transfer

bearing MCA No.309/2021. The wife has narrated the incident of

ill treatment and harassment to her. According to the wife, 44 MCA 86.21.odt..odt

proceeding initiated at Nagpur is malafide. She is residing at

Poharadevi, Taluka Manora District Washim, which is around

450 k.m. from Nagpur. It is stated that she is having 3 ½ years old

son. She finds it very difficult to travel to Nagpur. The distance

between Mangrulpir and Poharadevi is 35 k.m. She can

conveniently attend the Court at Mangrulpir. The distance

between Manora and Mangrulpir is 32 k.m.

6. I have heard learned Advocates for the parties and

perused the record and proceedings.

7. Learned Advocate for the husband submitted that

husband is ready to pay Rs.10,000/- towards expenses for every

appearance of the wife before the Court at Nagpur, if this Court is

inclined to transfer the proceedings pending at Manora and

Mangrulpir to Nagpur. Learned Advocate submitted that the

convenience of the husband and the family members of the

husband is required to be considered. It is submitted that as and

when the husband is required to attend the Court proceedings, he

is required to first come to Nagpur and from Nagpur to go to 44 MCA 86.21.odt..odt

Mangrulpir and Manora.

8. Learned Advocate for the wife submits that

inconvenience caused to wife to attend Nagpur is more than the

inconvenience sought to be placed on record by husband. Learned

Advocate submits that criminal prosecution under Section 498 A

of the Indian Penal Code is pending against the husband and other

relatives in the Court of Judicial Magistrate First Class at Manora.

Learned Advocate submits that travelling to Nagpur with 3½ years

child would be most inconvenient. Learned Advocate submits

that wife alone would not be able to travel to Nagpur. She would

always be required to carry one male family member with her.

9. In order to appreciate the inconvenience sought to be

asserted by both the parties. I have minutely perused the record

and proceedings. It is to be noted that Mangrulpir is directly

connected to Nagpur via Samruddhi High Way. One can hardly

reach Mangrulpir from Nagpur by road within 2½ hours.

Manora is at the distance of 32 km from Mangrulpir. One has to

come to Nagpur from Manora via Digrus, Yavatmal and Wardha.

44 MCA 86.21.odt..odt

In my view, the inconvenience caused to the wife would be more

in comparison with the inconvenience likely to be caused to the

husband and his family members. The husband is not attending

the Court on every date. He would be required to attend the

Court at the stage of final hearing. In a D.V. Act proceedings, non

applicants are not required to attend the Court everyday. The

persons, who are supposed to give evidence are required to attend

the Court on the date of evidence. As far as the attendance of

Court is concerned, the same may be the position with the wife.

Therefore, in my view, on doing comparative assessment of the

inconvenience likely to be caused to the parties, the case of the

wife would be on better footing than the case of husband.

Inconvenience caused to wife would be more in comparison with

the inconvenience caused to the husband.

10. In my view, therefore, all the pending proceedings can

be transferred to Mangrulpir. The D.V. Act proceedings initiated

by the wife which is pending at Manora can be transferred to

Mangrulpir. Similarly, the divorce petition filed by the husband in

the Family Court at Nagpur can be transferred to Civil Judge, 44 MCA 86.21.odt..odt

Senior Division at Mangrulpir, where the petition for restitution

of conjugal rights filed by the wife is pending. In order to avoid

unnecessary harassment to the parties, the Court at Mangrulpir

can be directed to give one and same date in all the matters. With

this, I proceed to pass following order:-

ORDER

(i) The application filed by the wife bearing MCA

No.309/2021 is allowed. The applications being Criminal

Application No.86/2021 and MCA (Tr.) No.212/2022 filed by

the husband are rejected.

(ii) HMP Petition No.261/2020 which is pending on the

file of Family Court, at Nagpur is withdrawn and transferred to

the Court of Civil Judge, Senior Division Mangrulpir, District

Washim.

(iii) PWDVA Application No.07/2021 pending on the file

of Judicial Magistrate First Class, Manora District Washim is

withdrawn and transferred to the Court of Judicial Magistrate First 44 MCA 86.21.odt..odt

Class at Mangrulpir, District Washim.

(iv) The Presiding Officers of the above Courts shall see

that all the matters are kept on one and same date. The parties

shall inform the concerned Court appropriately.

11. All applications disposed of accordingly in above terms.

JUDGE

manisha

Signed By:MANISHA ALOK SHEWALE

Signing Date:04.01.2023 17:34