Sujata W/O Jayendra Waghmare vs Jayendra S/O Ghanshyam Waghmare
2023 Latest Caselaw 10674 Bom

2023:BHC-NAG:15228
                                             1                        14-6720-23-J.odt


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

                             WRIT PETITION NO. 6720 OF 2023

            PETITIONER            :     Sujata W/o Jayendra Waghmare
                                        Age : 37 years, Occup. : Housewife,
                                        R/o : C/o : Sadashiv Vithoba Patil,
                                        Saint Tukdoji Ward, Mukkam Post :
                                        Hinganghat, District : Wardha
                                            VERSUS

            RESPONDENT        :         Jayendra s/o Ghanshyam Waghmare,

Age : 42 years, Occup. : Advocate R/o Behind Old Devli Naka, Near Honda Showroom, Devli Road, Dayal Nagar, Wardha

Mr. R.D. Hajare, Advocate for the Petitioner Mr. A.S. Moon, Advocate for Respondent

CORAM: AVINASH G. GHAROTE , J.

DATED : 16th OCTOBER, 2023

ORAL JUDGMENT :

Rule. Rule made returnable forthwith. Heard

finally with the consent of learned counsel for the

parties.

2. The petition challenges an order under

Section 24 of the Code of Civil Procedure, whereby

Hindu Marriage Petition No.215/2021, which is

pending with Civil Judge, Senior Division, Wardha, has 2 14-6720-23-J.odt

been declined to be transferred to Civil Judge, Senior

Division, Hinganghat. It is not disputed by Mr. Moon,

learned counsel for the respondent, that domestic

violence proceeding are already instituted at

Hinganghat in which on receipt of notice, the

respondent is appearing. He further contends, that the

petitioner is already receiving expenses on account of

transportation from Hinganghat to Wardha and,

therefore, the application has been rightly rejected.

Considering that the petitioner has already instituted

proceedings under the Protection of Women from

Domestic Violence Act at Hinganghat, it would be apt if

Hindu Marriage Petition No. 215/2021 is also

transferred to Hinganghat, where-in both of them, the

respondent can appear conveniently. Merely because,

the petitioner is receiving transportation charges that

by itself cannot be a ground to reject the application as

considering the petitioner has a small child of 5 years,

it would be inconvenient for her to travel, whereas

there is no such impediment about the respondent. Mr.

Hajare, learned counsel for the petitioner, upon 3 14-6720-23-J.odt

instructions, makes a statement that the petitioner

would not be claiming the transportation charges. The

statement is accepted. Though judgment in the case of

Abhilasha Gupta Vs. Harimohan Gupta, Transfer

Petition (Civil) No.1027/2021 decided on 24/09/2021

has been relied upon by Mr. Moon, learned counsel for

the respondent, that merely indicates in para 20 the

factors to be considered while deciding an application

for transfer. Bearing those in mind and the convenience

of the petitioner, who has a 5 year old child, in my

considered opinion, the impugned order cannot be

sustained and the same is hereby quashed and set aside

and the application under Section 24 of the Code of

Civil Procedure filed by the petitioner is allowed. The

petition is allowed. Hindu Marriage Petition

No.215/2021 pending on the file of 5th Jt. Civil Judge,

Senior Division, Wardha is hereby transferred the Civil

Judge, Senior Division, Hinganghat.

3. The parties shall appear before the Civil

Judge, Senior Division, Hinganghat on 30th October,

2023, without any further notice. The petitioner shall 4 14-6720-23-J.odt

file a copy of this order before the 5 th Jt. Civil Judge,

Senior Division, Wardha to intimate the said Court

regarding the transfer and so also enable the said Court

to transmit the record and proceedings to the Civil

Judge, Senior Division, Hinganghat well within time.

No costs.

Rule is made absolute in the above terms.

(AVINASH G. GHAROTE, J.) MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 17/10/2023 12:07:03