Mrs. Akshata Abhijeet Tambe vs Mr. Abhijeet Arun Tambe
2023 Latest Caselaw 2619 Bom

                                                                    12-MCA-397-2022.doc




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION

                              MISC. CIVIL APPLICATION NO. 397 OF 2022


                   Mrs. Akshata Abhijeet Tambe
                   Adult, Indian Inhabitant, Hindu
                   Age about 36 years, Occupation: Service,
                   Residing at 3A/65, Bhakti Yog Society,
                   Vazira Naka, L. T. Road,
                   Paranjape Nagar, Borivali West,
                   Mumbai - 400 092.                        ...       Petitioner

                         Versus

                   Abhijeet Arun Tambe
                   Adult, Indian Inhabitant, Hindu,
                   Age about 37 years,
                   Occupation: Business
                   Residing at Flat No. C-21/8,
                   Kaiwalya CHS, Near Citi Pride
                   Theatre, Kothrud, Pune - 411 038.            ...   Respondent

                                                    .....

                   Mr. Pritesh K. Bohade, for the Petitioner.

                   Mr. Rahul Kasbekar i/b Mr. Paras D. Yadav, for the Respondent.

                                                    .....

                                           CORAM : PRITHVIRAJ K. CHAVAN, J.

                                    RESERVED ON : 10th MARCH, 2023.

                               PRONOUNCED ON : 17th MARCH, 2023.

REKHA
PRAKASH
PATIL

Digitally signed
by REKHA
PRAKASH PATIL
Date: 2023.03.17
17:11:12 +0530




                      Rekha Patil                                                  1 of 5
                                                12-MCA-397-2022.doc


ORDER

1. By this Petition, the petitioner/wife seeks transfer of

Petition No.A/2596 of 2021 filed by the respondent/ husband in the

Family Court at Pune for divorce to Family Court at Bandra.

2. The petitioner and the respondent were married on 14 th

December, 2016 at Pune. For a first few years the relations were

cordial, however, there was a discord. The petitioner and the

respondent cohabited together from the year 2017 to 2019 at Pune.

It is the contention of the petitioner that after the demise of her

father, there was no one to take care of her aged and ailing mother.

As such, the respondent himself obtained a premises on Leave and

License basis at Borivali, Mumbai. The said Leave and License

again came to be renewed on 3 rd January, 2020. It appears from the

contention of the petition that the respondent initially helped the

petitioner and her mother during her ailment, also by giving

financial help. It is contended that the respondent was working in a

Europe Incoming Tours and Travels Company, Jogeshwari, Mumbai

in Managerial position and was earning around Rs.1,00,000/- per

month with additional income of Rs.60,000/- per month from his

personal business of Travel Agent.

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                                                     12-MCA-397-2022.doc

3. The petitioner contends that she is working as a teacher in

Kohinoor College of Hotel Management, at Dadar. She earns

Rs.30,000/- per month. According to the petitioner, the respondent

had left the matrimonial home on 20th March, 2020 without any

reason. He left her company and went to reside at Pune.

4. The petitioner, therefore, filed a Petition for restitution of

conjugal rights bearing No. A/2796 of 2021 under Section 9 of the

Hindu Marriage Act, 1955 in the Family Court at Bandra. The

respondent has already appeared before the Marriage Counsellor.

5. Thereafter, it is contended that the respondent has filed

divorce petition as a counter blast in the Family Court at Pune.

6. As such, the petitioner has prayed for transferring the

Petition filed by the respondent before the Family Court at Pune to

the Family Court at Bandra.

7. The Petition can be disposed of finally at the stage of

Admission.

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                                                    12-MCA-397-2022.doc

8. Heard learned Counsel for the respective parties.

9. It is an admitted fact that the Petition for restitution of

conjugal rights bearing No. A/2796 of 2021 came to be filed by the

petitioner prior to the Petition for divorce filed by the respondent

bearing No. A/2596 of 2021 at Family Court Pune. The petitioner

has tendered a photostat copy of her appointment letter with

Kohinoor College of Hotel & Tourism Management Studies at Exh.

E. The terms and conditions in the appointment letter would

indicate that the working hours of the petitioner are from 8:00 a.m.

to 6:30 p.m. for all working days i.e. Monday to Friday and there

would be half day on Saturday. She is entitled to take maximum

seven days casual leave and her consolidated pay is amounting to

Rs.30,000/- per month.

10. Considering the said aspect and also the peculiar

circumstances of the petitioner, it would be difficult for the

petitioner to travel to Pune for attending the case before the Family

Court. Prima facie, her income is also not sufficient to take care for

herself and her ailing mother. It appears that the petitioner has not

been successful in getting any interim maintenance from the

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respondent. In the case of Sumita Singh Vs. Kumar Sanjay and Anr.1,

it is held by the Hon'ble Supreme Court that convenience of the

wife should be looked into while transferring the matrimonial

proceedings.

11. As such, there can be expeditious disposal of both the

Petitions by one Court and also contingency of rendering two

conflicting judgments can be avoided by transferring the Petition

pending before the Family Court at Pune to Family Court at Bandra.

12. The Petition is allowed.

13. Petition No. A/2596 of 2021 pending before the Family

Court at Pune shall stand transferred to Family Court at Bandra.

14. The learned Family Court at Bandra shall decide both the

Petitions expeditiously.

15. Petition stands disposed of in aforesaid terms.

                                        [PRITHVIRAJ K. CHAVAN, J.]
1   (2001) 10 Supreme Court Cases 41



      Rekha Patil                                                  5 of 5