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Priyanka Prasad Dixit vs Mr. Prasad Digamber Dixit on 4 July, 2019

901.22.19-mca.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

Misc. Civil Application No. 22/2019

Office Notes, Office Court’s or Judge’s orders.
Memoranda of Coram,
appearances, Court’s
orders or directions
and Registrar’s orders
Mr. Kalpesh U. Patil for the Applicant

CORAM : K.K.TATED, J.
DATED : JULY 4, 2019
P.C.

1 Today the matter is placed on board
for speaking to the minutes of order
dated 17.06.2019.

2 On page 3 clause 8(c) instead of Civil
Application it should be Misc. Civil
Application.

2 Order dated 10.06.2019 stands
corrected accordingly. Rest of the order
shall remain as it is.

3 Corrected order dated 17.06.2019
reads thus:

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

MISC.CIVIL APPLICATION NO.22/2019

Priyanka Prasad Dixit … Applicant.

Vs.

Prasad D. Dixit … Respondent.

Basavraj G. Patil 1/4

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901.22.19-mca.odt

Mr.Kalpesh U. Patil, advocate for applicant.
Mr.Tejus S. Mahamuni, advocate for respondent.

CORAM : K.K.TATED, J.
DATED : JUNE 17, 2019.

P.C.

Heard learned counsel for parties.

2 By this application u/s 24 of C.P.C., applicant/wife is
seeking transfer of Marriage Petition no.61/2018 filed by
respondent no.1 u/s 13(1)(ia) of SectionHindu Marriage Act, for
divorce before Civil Judge, Senior division, Panvel to Civil
Judge, Senior division, Karad for hearing and final disposal
on its own merits.

3. Learned counsel for applicant submits that present
applicant is staying at village Saidapur, Taluka Karad. He
submits that, it is very difficult for applicant to attend
divorce petition filed by respondent at Panvel Court, on each
and every date. He submits that distance between Karad
and Panvel is more than 275 km. He further submits that
there is no direct train from Karad to Panvel. He submits
that to attend the matter at Panvel, applicant has to travel
over night by bus which is very difficult for her being a lady.
He submits that applicant does not have support at present
either financially or morally. Therefore, in the interest of
justice, this court be pleased to transfer the marriage
petition filed by respondent at Panvel to Karad, for hearing
and final disposal.

Basavraj G. Patil                                                                  2/4

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901.22.19-mca.odt

4. Learned counsel for applicant further submits that
applicant already filed Criminal Case no.230/2018 before
Judicial Magistrate First Class, at Karad under 'Protection
of Women from SectionDomestic Violence Act',2005 u/s 12. He
submits that in the said matter, respondent/husband is
appearing. He further submits that one more case u/s 498-A
of SectionI.P.C. is pending. Therefore, in the interest of justice, this
court be pleased to transfer the marriage petition from
Panvel to Karad court.

5. Learned advocate for respondent no.1 vehemently
opposed the present application. He submits that in present
proceeding respondent/husband filed marriage petition for
divorce on 7.2.2018 us 13(1)(ia) of the SectionHindu Marriage Act.
Thereafter applicant filed application under Section 12 of
Protection of Women from SectionDomestic Violence Act, 2005 at
Karad against applicant and his family members. Not only
that applicant also filed complaint us 498-A of SectionIPC at Panvel
which is pending for hearing and final disposal on its own
merits. He submits that if Hindu Mariage petition filed by
respondent is transferred to Karad Court it will be very
difficult for the respondent to attend each and every date
there. He submits that respondent is doing service. He
submits that respondent is ready and willing to bear
travelling expenses of applicant if she attends Court at
Panvel. In any case, complaint filed by applicant u/s 498-A
of SectionI.P.C. is pending for hearing and final disposal on its own
merits at Panvel. Therefore, there is no question of
transferring present case form Panvel to Karad.

       Basavraj G. Patil                                                        3/4

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6. It is to be noted that during the course of arguments,
applicant declined to refer the matter to the mediator to
explore the possibility of settlement.

7. It is to be noted that, in the present proceeding,
initially respondent filed divorce petition on 7.2.2018 before
Panvel Court. Being counterblast, applicant filed Criminal
Case no.230/2018 at Karad against respondent as well as his
family members. Not only that, applicant also filed complaint
us/ 498-A of SectionI.P.C. at Panvel. Applicant have to attend the
matter at Panvel also. This itself shows the intention of
applicant. In any case, when the respondent/husband is
ready and willing to bear all expenses of applicant as and
when she attends matter at Panvel, I do not find any reason
to entertain present application u/s 24 of CPC.

8. Hence, the following order.

a) Application filed by wife u/s 24 of C.P.C.
stands rejected.

b) Liberty granted to applicant/wife, to make
appropriate application at Panvel court as and
when she attends the court, for her expenses
including travelling, stay and for a person , if
any, who accompanies her at Panvel.

c) Misc. Civil application stands disposed of.

(K.K.TATED, J.)

Basavraj G. Patil 4/4

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