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Mrs. Anjali Amit Kamble vs Amit Pralhad Kamble on 13 February, 2019

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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13.2.2019

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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13.2.2019

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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13.2.2019

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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