Rane 1/5 MCA-220-2018
13.2.2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
MISC. CIVIL APPLICATION NO. 220 OF 2018
Anjali Amit Kambale …..Applicant
V/s.
Amit Pralhad Kambale ….Respondent
****
Mr. Yogen P. Kakade with Ms. Bhagyashree Ghute, Advocate
for the applicant.
None for the respondent.
CORAM : SANDEEP K. SHINDE, J.
Wednesday, 13 th February, 2019.
P.C. :
1. It is an application under Section 24 of the Civil
Procedure Code, 1908 filed by the wife seeking transfer of
proceedings in Marriage Petition No. 387 of 2018 pending
on the file of the Learned Civil Judge Senior Division, Sangli
to the Family Court at Pune. These proceedings are filed for
restitution of conjugal rights by the respondent-husband in
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June, 2018.
2. Heard learned Counsel for the applicant. Though
the respondent is served, he has chosen not to participate in
these proceedings.
3. The marriage between the parties was
solemnised on 28th November, 2014. However, their
temperament seldom matched and as such a petition under
Section 13B of the Hindu Marriage Act was filed for
dissolution of marriage by consent. The respondent-
husband alleged and claimed that, his consent was obtained
by fraudulent means and therefore the petition for
dissolution of marriage by mutual consent was dismissed by
the IIIrd Joint Civil Judge Senior Division, Sangli on 14 th
December, 2017.
4. It is submitted by the learned Counsel for the
applicant that, the applicant has filed following three
proceedings against the respondent at Pune, namely :
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13.2.2019
(i) application under the Domestic Violence
Act being Application No. 491 of 2017 dated
22nd December, 2017.
(ii) Petition No. 1035 of 2018 for dissolution
of marriage dated 29th June, 2018 in the Family
Court at Pune.
(iii) RCC No. 1929 of 2018 a criminal case
arising out of an offence punishable under
Section 498A Indian Penal Code.
5. It is submitted that in the proceedings under the
Domestic Violence Act, the Court concerned has awarded
maintenance to the applicant vide order dated 22nd June,
2018. It is submitted, the respondent has not paid the
maintenance to the applicant till date. It is further
submitted that, the respondent is not attending the
proceedings filed against him by the applicant.
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6. The applicant is residing with her parents at
Pune. It is submitted that, she has no independent source of
income. More so, though the maintenance amount is
awarded, the same has not been paid by the respondent.
7. That from the aforesaid facts, in my view, the
proceedings filed by the husband for restitution of conjugal
rights in the Court at Sangli, if not transferred to Pune, it
will cause immense inconvenience to the applicant. It
cannot be ignored, inspite of service, the applicant has
chosen not to participate in the proceedings. Even
otherwise, the respondent is required to attend aforesaid
three proceedings, pending against him at Pune.
8. The Supreme Court, as well as, this Court in
catena of judgments has consistently taken a view that,
while considering an application under Section 24 of the
Code of Civil Procedure, 1908, convenience of the wife is
required to be considered.
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9. I therefore pass the following order :
(i) The learned Civil Judge Senior Division,
Sangli is directed to transfer the papers and
proceedings in Marriage Petition No. 387 of 2018
to the Family Court at Pune.
(ii) The parties, as well as the, learned Civil
Judge Senior Division, Sangli to act on
authenticated copy of this order.
(iii) Both the parties are directed to appear
before the learned Family Court at Pune on 20 th
March, 2019.
(iv) The Miscellaneous Application No. 220 of
2018 is allowed in the aforesaid terms. No orders
as to costs.
(SANDEEP K. SHINDE, J)
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