MCA.464.17
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
…
MISCELLANEOUS CIVIL APPLICATION NO. 464/2017
Sau. Bhagyashri w/o Sandeep Shetane
Aged 29 years, occu: Household
R/o C/o Shri Shashikant Deorao Ambhore
Sudarshan Nagar,Near Renuka Nagar,
Dabki Road, Akola Tq. Dist. Akola. ..APPLICANT
v e r s u s
Sandeep Ananda Shetane
Aged 30 years, Service
R/o Plot No.12, Vardhaman Vihar Apartment
Cooperative Housing Society
Vartak Road, Near post office, Virar West
Virar, Tq. Dist. Palghar. ..RESPONDENT
( Non-Applicant)
……………………………………………………………………………………………………………
Shri S.A.Mohta, Advocate for the applicant
Shri S.P.Agrawal, Adv.h/for Shri N.R.Tekade, Adv. for non-applicant/
respondent
………………………………………………………………………………………………………………..
CORAM : MRS.SWAPNA JOSHI, J.
DATED : 9th August, 2018
ORAL JUDGMENT:
1. Rule. Rule is made returnable forthwith. Heard finally by consent
of learned counsel appearing for respective parties.
2. By this Application, the applicant seeks transfer of Petition No.
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MCA.464.17
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A-10/2017 instituted by the respondent-non applicant, pending on the file of
Civil Judge, Senior Division (Link Court), Mehkar to the Family Court at
Akola.
3. The marriage between the parties was solemnized on 10.6.2014 at
Akola as per the rites and customs prevailing in their community. It is the case
of the applicant that since she was ill-treated at her matrimonial home, she had
lodged a complaint under section 498A read with section 34 of IPC against her
husband as well as in-laws, on 16.6.2016. The applicant was driven out from
the house of the respondent and therefore she filed an application for grant of
maintenance, at Akola. At present, the applicant is at the mercy of her parents
at Akola. On 6.1.2017, the respondent has filed an application for grant of
divorce in the Court of Civil Judge, Sr.Dn. Mehkar.
4. Learned Advocate for the applicant contended that since the
applicant is residing at her parental home at Akola, at their mercy, she finds it
difficult to attend the divorce proceedings filed by the respondent at Mehkar
Court. He therefore requested that the proceedings at Mehkar be transferred to
Akola Court.
5. The learned counsel for the respondent has opposed the said
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Application vociferously and submitted that the applicant can conveniently
attend the proceedings at Mehkar since the distance is not much and it is
simply 90 km from Akola.
5. Considering the fact that the applicant is dependent on her parents
for daily livelihood and finds it difficult to attend the Court at Mehkar, it would
be just and proper to transfer the proceedings from the Court of Civil Judge,
Sr.Dn., Mehkar to the Family Court at Akola.
6. The Hon’ble Apex Court in the case of Sumita Singh vs. Kumar
Sanjay and another, reported in AIR 2002 SC 396, has observed that the
wife’s convenience must be considered in matrimonial proceedings,
particularly when the husband has filed the petition against her. In view of the
facts and circumstances of the case, following order is passed:-
ORDER
i) The Misc. Civil Application No. 464/2017 is allowed.
ii) The proceedings bearing Petition A-10/2017 pending on the file of the
Civil Judge, S.D. Link Court, Mehkar is transferred to the Family Court at
Akola.
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Iii) Rule is made absolute in aforesaid terms. There shall be no order as to
costs.
JUDGE
sahare
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