Bombay High Court
Harish S/O Ashok Walke vs Neha W/O Harish Walke on 24 February, 2025
2025:BHC-NAG:1864
Judgment
362 mca853.24
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
MISC. CIVIL APPLICATION NO.853 OF 2024
Harish s/o Ashok Walke,
aged 33 years, occupation service,
r/o plot No.118-A, near last
bus stop, Godhni Railway,
district Nagpur. ..... Applicant.
:: V E R S U S ::
Neha w/o Harish Walke, aged
32 years, occupation service, r/o
plot No.1, Chandripure Lay
out, behind Sanjeevani
Hospital, Godhni Road, Nagpur. ..... Non-applicant.
Mrs.P.Chandekar, Counsel for the Applicant.
Shri C.Dhruv, Counsel for the Non-applicant.
CORAM : URMILA JOSHI-PHALKE, J.
CLOSED ON : 30/01/2025
PRONOUNCED ON : 24/02/2025
JUDGMENT
1. The present application is filed by the
applicant/husband for transfer of proceedings to the
Family Court at Nagpur, which are as under:
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362 mca853.24
(1) Marriage Petition No.565/2021 pending
before learned 16th Civil Judge Senior Division,
Nagpur filed by the applicant/husband;
(2) Petition vide Civil M.A.No.393/2022
pending before learned 2nd Ad hoc District
Judge, Nagpur filed by the applicant/husband;
(3) Marriage Petition No.434/2022 pending
before learned 15th Joint Civil Judge Senior
Division, Nagpur filed by the
non-applicant/wife; and
(4) Regular Darkhast No.26/2024 pending
before learned 2nd Joint Civil Judge Senior
Division, Nagpur filed by the
non-applicant/wife.
2. Heard learned counsel Mrs.P.Chandekar for the
applicant/husband and learned counsel Shri C.Dhruv for
the non-applicant/wife.
3. Learned counsel for the applicant submitted that
the applicant and the non-applicant are husband and wife
and their marriage is solemnized on 14.5.2019 at
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362 mca853.24
Gorewada, Nagpur. Out of the said wedlock, they are
blessed with a child. After the marriage, there was rift in
their relationship and the non-applicant/wife left her
matrimonial house and started living separately. The non-
applicant/wife is in Government Service. Whereas, the
applicant/husband is having private job. Due to repeated
disputes, they have decided to reside separately. The
applicant/husband has filed application for restitution
which is pending before learned 16th Civil Judge Senior
Division, Nagpur. He has also filed a petition for custody
which is pending before learned District Judge, Nagpur.
The non-applicant/wife has filed a divorce petition which
is also pending before learned Civil Judge Senior Division,
Nagpur. As per the contentions of the applicant/husband,
if all these proceedings are decided by learned Judge of
the Family Court, there would not be difference of
opinion. If all these proceedings are decided by the
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362 mca853.24
different courts, there would be multiplication of
proceedings. As per Section 7 of the Family Courts Act,
1984, learned Judge of the Family Court is having
jurisdiction to decide maintenance applications as well as
custody matters. The Family Court is having specific
place with healthy atmosphere as far as custody of the
child is concerned.
4. Learned counsel for the non-applicant/wife has
strongly opposed the application on the ground that the
applicant/husband and the non-applicant/wife are lastly
resided at Godhni and, therefore, learned Judge of the
Family Court has no jurisdiction to entertain and decide
these proceedings. He placed reliance on Notification
which determines the jurisdiction of the Family Court. In
view of that, it is prayed that the application be rejected.
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362 mca853.24
5. After hearing both the sides and perusing the entire
record, there is no dispute that the marriage of the
applicant/husband and the non-applicant/wife was
performed at Gorewada within jurisdiction of Nagpur
Municipal Corporation. In view of the Notification, the
jurisdiction Family Court, Nagpur comprises the area of
the Municipal Corporation of the city of Nagpur and area
under the jurisdiction of the Kamptee Cantonment Board.
Section 19 of the Hindu Marriage Act, 1955, states about
the jurisdiction as to where petitions are to be presented.
Said Section 19 reads as under:
19. Court to which petition shall be
presented.- Every petition under this Act shall
be presented to the district court within the
local limits of whose ordinary original civil
jurisdiction.-
(i) the marriage was solemnised, or
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362 mca853.24
(ii) the respondent, at the time of the
presentation of the petition, resides, or
(iii) the parties to the marriage last
resided together, or
(iii-a) in case the wife is the
petitioner, where she is residing on
the date of presentation of the
petition, or
(iv) the petitioner is residing at the time of the
presentation of the petition, in a case where
the respondent is, at that time, residing
outside the territories to which this Act
extends, or has not been heard of as being
alive for a period of seven years or more by
those persons who would naturally have heard
of him if he were alive.
6. Section 7 of the Family Courts Act is relied upon
and it is submitted by learned counsel for the
applicant/husband that the Family Court cannot exercise
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362 mca853.24
powers of the Magistrate under the said provisions insofar
as relief claimed in the Domestic Violence Act is
concerned. The Family Courts Act was enacted in 1984.
Whereas, Domestic Violence Act is enacted subsequently.
7. Admittedly, the petition is filed by the non-
applicant/wife for grant of maintenance for the child.
8. There is no dispute that various proceedings are
pending before different courts at Nagpur. The applicant/
husband is seeking transfer of the said proceedings on the
ground that if the same are decided by one court, there
would not be multiplication of proceedings as no
divergent views would be there.
The above said aspect is also dealt with by the
Hon'ble Apex Court in the case of D.Raja Rajeswari vs. R.
Sathish Kumar, reported in (2022) 2 SCC 329 wherein it
is held that multiple proceedings between the same
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362 mca853.24
parties transferred and consolidation of all proceedings
before one Court when warranted and while answering
this question, the Hon'ble Apex Court held that it is in the
interest of justice that all these matters be heard by the
same Court and the matter was transferred by considering
the convenience of the wife.
9. In view of the above discussion and considering
convenience of parties, it would be in the interests of
justice if all proceedings are decided by the Family Court
at Nagpur to avoid multiplicity of the proceedings.
10. In this view of the matter, this Court passes
following order:
ORDER
(1) The Misc. Civil Application is allowed.
(2) Following proceedings be transferred to the Family
Court at Nagpur:
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Judgment
362 mca853.24
(1) Marriage Petition No.565/2021 pending
before learned 16th Civil Judge Senior Division,
Nagpur filed by the applicant/husband;
(2) Petition vide Civil M.A.No.393/2022
pending before learned 2nd Ad hoc District
Judge, Nagpur filed by the applicant/husband;
(3) Marriage Petition No.434/2022 pending
before learned 15th Joint Civil Judge Senior
Division, Nagpur filed by the
non-applicant/wife; and
(4) Regular Darkhast No.26/2024 pending
before learned 2nd Joint Civil Judge Senior
Division, Nagpur filed by the
non-applicant/wife.
Application stands disposed of.
(URMILA JOSHI-PHALKE, J.)
!! BrWankhede !!
Signed by: Mr. B. R. Wankhede
Designation: PS To Honourable Judge ...../-
Date: 25/02/2025 15:42:59
