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Sau. Bhagyashri W/O Sandeep … vs Sandeep Ananda Shetane on 9 August, 2018

MCA.464.17
1

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
2

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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MCA.464.17
3

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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MCA.464.17
4

Iii) Rule is made absolute in aforesaid terms. There shall be no order as to

costs.

JUDGE

sahare

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