907 – MCA. 75-18.doc

VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

MISCELLANEOUS CIVIL APPLICATION No. 75 OF 2018

Mrs. Snehal Deepak Jadhav … Applicant
Vs.
Deepak Ganpat Jadhav … Respondent

***
Mr. D. S. Patil, for the Applicant.
Mrs. Seema Sarnaik, for the Respondent.
***
CORAM : A. M. DHAVALE, J.
DATE : SEPTEMBER 5, 2018
PC :-

1. By this application, which is filed under S. 24 of Civil

Procedure Code, Applicant-wife seeks transfer of Marriage

Petition No. 1039 of 2017, pending in the Court of Civil Judge,

Sr. Division, Kalyan to the court of Civil Judge, Sr. Division,

Islampur, district Sangli, on the ground that she is staying at

Islampur and she has no source of income.

2. Heard the learned counsel for the parties. Parties

have entered into marriage on 23.11.2009 at village Shirala,

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district Sangli and thereafter till August, 2016 they cohabited at

Kalyan. The Applicant beget two children, who are now of

aged 6 and 5 years. Since August, 2016 parties are residing

separate. The husband is serving on a temporary job and

earning Rs. 15,000/- per month in the vicinity of Kalyan. the

applicant is a housewife. She had filed proceeding under the D.

V. Act at Islampur. It is rejected on 11.10.2017. The criminal

appeal against the same is pending in Islampur Court. The reply

of the husband shows that wife is having psychiatric problems

and she was under treatment without knowledge to him. Copy

of the petition filed by him shows some serious allegations about

her behaviour as a psychiatric patient.

3. Learned advocate Mrs. Sarnaik submits that wife is

unemployed and she can travel alone. The distance between

Kalyan and Islampur is about 300 Kms. She has no source of

income, and therefore, divorce petition should not be transferred

to the court at Islampur. She strongly opposed the application.

She has argued that the wife has left her husband without any

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reason. She has left the children with the husband. The divorce

proceeding is filed earlier and thereafter she has filed

proceeding under the D. V. Act, in which allegations could not

be substantiated and the same has been rejected. She has also

visited husband’s house thrice; once alone and twice with her

relatives, to meet her children. Therefore, there is no necessity

to transfer the petition. The respondent is earning Rs. 15,000/-

and is on a temporary job, he will not get leave frequently, and

if he remains absent on account of litigation, he will have to lose

the job and will not be able to bear the expenses of the

litigation.

4. After considering the arguments, I find that as laid

down in Sumita Singh Vs. Kumar Sanjay1, normally,

convenience of the wife should be considered. In the present

case, the pplicant is unemployed and the husband is employed,

though on a low salary. The distance between her place of

residence and the court where divorce proceeding is filed, is

about 300 kms. Apart from the grounds raised for transfer, I
1 AIR 2002 SC 396

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find that the contentions raised by the husband in his petition

regarding strange behaviour of the wife under the psychiatric

problem is most material. I find that it is not safe to call upon

the applicant on each date from Islampur to Kalyan. The

financial position of the husband is not so strong, so that he can

bear reasonable expenses of the applicant, her mother or brother

for travelling and residence. Considering all the facts, learned

advocates agree that parties should consider option of going for

mediation for resolving the dispute. In the light of the facts, I

find that wife cannot be asked to attend the Court at Kalyan,

considering her psychiatric problems. Hence, the application

deserves to be allowed. At the same time, problems faced by the

husband will have to be considered. Hence, the following order.

ORDER

(i) Marriage Petition No. 1039 of 2017 pending on the

file of Civil Judge, S. D. Kalyan is hereby transferred

to the court of Civil Judge, S. D. Islampur, district

Sangli. All records and proceedings of the said case

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be transmitted to the court of Civil Judge, S. D.

Islampur, immediately.

(ii) Parties are directed to remain present before the

court of Civil Judge, S. D. Islampur on 4 th October,

2018.

(iii) Civil Judge, S. D. Islampur is directed to take into

consideration the use of video conferencing for

conducting the matter, and as far as possible, actual

trial should be taken as per the convenience of the

parties in a week or two or on day-to-day basis. He

shall also explore the through internet. He may

exempt the husband from attending the court except

in cases where it is absolutely necessary.

(iv) In case wife intends to take adjournment, she should

give prior intimation to her husband and his

advocate, before he starts his journey.

(v) Parties shall cooperate the trial court for

implementation of this order.

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(vi) Civil application stands disposed of in the aforesaid

terms.

Sd/-

[ A. M. DHAVALE, J.]
Vinayak Halemath

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