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Sau. Pranali W/O Rohit Wanjari vs Rohit @ Lakhan S/O Ashokrao … on 1 March, 2019

1 929-J-MCA-483-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR

MISC. CIVIL APPLICATION NO. 483 OF 2018

Sau. Pranali w/o Rohit Wanjari,
Aged about : 28 years, Occ. Household,
R/o C/o Arjunrao Dhoble, 182,
Dangri Ward (Near Market),
Hinganghat, Tahsil Hinganghat,
Dist. Wardha 442301. … APPLICANT

VERSUS

Rohit @ Lakhan s/o Ashokrao Wanjari,
Aged about : 30 years, Occ. Service,
R/o Flat No.302, Ramkrishna Nagari,
Tulip Apartment, New Narsala Road,
Near Bharat Gas Godown,
Nagpur – 440034. … NON-APPLCANT
——————————————————————————————-
Shri H. N. Bhondge, Advocate for applicant.
Shri S. B. Solat, Advocate for Non-Applicant.
——————————————————————————————-
CORAM:- ARUN D. UPADHYE, J.

DATED : 01/03/2019.

ORAL JUDGMENT :

1. Heard. Admit. The matter is taken up for final

hearing with the consent of the learned counsel for the parties.

2. Shri H. N. Bhondge, learned counsel for the

applicant has submitted that the non-applicant has filed Petition

No.A-192/2018 under Section 13(1)(i-a) of the Hindu Marriage

Act for grant of divorce before the Family Court, Nagpur. He

further submitted that the applicant has also filed H.M.P.

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No.51/2018 for restitution of conjugal rights and pending before

the Civil Judge, Senior Division, Hinganghat. He submitted that

applicant has also filed proceedings bearing Misc. Cri. Application

No.39/2018 under Section 125 of the Cr. P. C. for maintenance

and pending before the Judicial Magistrate, First Class,

Hinganghat and according to him, the applicant is residing with

her parents at Hinganghat and due to financial constraints, she is

unable to attend the proceedings at Family Court, Nagpur. The

non-applicant is serving in private company and earning

Rs.50,000/- p.m. There is no inconvenience for him to attend the

proceedings at Hinganghat and already, two proceedings are filed

by the applicant at Hinganghat. Therefore, the application be

allowed.

3. The learned counsel for the non-applicant has

submitted that the applicant was serving prior to marriage at

various places i.e. Bangalore, Gujarat, Rajasthan, etc. and was

living independently. Therefore, applicant can attend the

proceedings at Nagpur and there is no inconvenience for her to

attend the proceedings. He also submitted that as per the order

passed by this Court, he has deposited the litigation expenses of

Rs.15,000/- in this Court and ready to pay the litigation expenses

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to wife, if she attends the proceedings at Nagpur. He also

submitted that as per the provisions of Section 21-A of the Hindu

Marriage Act, the subsequent proceedings to be transferred to the

Court where the first proceeding is pending under the Hindu

Marriage Act and the husband has filed divorce petition at Nagpur

which is earlier proceeding. He submitted that there is no financial

constraint for the applicant, as she is well educated. Lastly, he

submitted that the application be rejected. According to him, the

proceeding subsequently filed by the applicant is only to harass the

non-applicant. Therefore, the application be rejected.

4. After hearing both the sides, I have perused the

application filed under Section 24 of the Code of Civil Procedure

for transfer of proceedings filed by the husband as well as reply to

the application filed by the husband. I also perused the documents

placed on record. On perusal of the same, it appears that the

marriage of applicant with non-applicant was solemnized on

12/11/2016 at Hinganghat, Dist. Wardha. It further appears that

both the parties have filed proceedings against each other and are

pending before the different Courts.

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5. The non-applicant-husband has filed proceedings

under Section 13(1)(i-a) of the Hindu Marriage Act for grant of

divorce and pending before the Family Court, Nagpur and same is

filed on 15/02/2018. It further appears that thereafter, applicant-

wife has filed Petition i.e. H.M.P.No.51/2018 on 19/03/2018

under Section 9 of the Hindu Marriage Act for restitution of

conjugal rights before the Civil Judge, Senior Division,

Hinganghat. The wife has also filed proceedings i.e. Misc. Cri.

Application No.39/2018 under Section 125 of the Cr. P. C. for

maintenance and pending before the Judicial Magistrate, First

Class, Hinganghat. It further appears that criminal case under

Section 498-A is pending before the Judicial Magistrate, First

Class, Nagpur, initiated on the police report. It further appears

that this Court by an order dated 24/10/2018 directed the non-

applicant to deposit Rs.15,000/- before this Court towards the

litigation expenses of the present proceedings and the non-

applicant has deposited the amount.

6. Considering the above facts and circumstances of

the case, I am of the considered view that the applicant – wife has

made out a case for transfer of Petition No.A-192/2018 filed under

Section 13(1)(i-a) of the Hindu Marriage Act, filed by non-

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applicant pending before the Family Court, Nagpur to the Court of

Civil Judge, Senior Division, Hinganghat.

7. The submission put-forth on behalf of the non-

applicant that as per the provisions of Section 21-A of the Hindu

Marriage Act, subsequent petition has to be transferred to the

Court where first proceeding is pending, cannot be accepted.

8. From perusal of the provisions of Section 21-A, I

am of the considered view that the said provision is not made

applicable in the present case. As per the said provisions, the

petition must have filed under Section 10 of the Hindu Marriage

Act for judicial separation or for divorce and if subsequent petition

is filed under the said provisions, subsequent proceeding has to be

transferred to the first Court. In the case at hand, the first

proceeding is filed by the husband under Section 13(1)(i-a) of the

Hindu Marriage Act for divorce. However, the applicant-wife has

filed proceedings under Section 9 of the Hindu Marriage Act for

restitution of conjugal rights. Therefore, the submission put-forth

on behalf of the applicant, cannot be accepted and provisions of

Section 21-A of the Hindu Marriage Act are not made applicable.

9. The next submission of the learned counsel for the

non-applicant that he has paid amount of Rs.15,000/- towards the

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litigation charges and he is ready to pay litigation charges to the

wife, if she attends the proceedings at Nagpur. So far as amount of

Rs.15,000/- is concerned, this Court has specifically stated in the

order that said amount is towards the litigation expenses of the

present proceedings. As regards the submission of learned counsel

for the non-applicant that he is ready to pay expenses for

attending the proceedings that, itself is not sufficient to reject the

application. The applicant – wife is unable to attend the

proceedings at Family Court, Nagpur. Moreover, two proceedings

are pending before the Court at Hinganghat. No prejudice will

cause to the non-applicant, if proceeding at Nagpur is transferred

to Court at Hinganghat. The convenience of wife must be looked

into. The submission of learned counsel for the non-applicant that

the Court at Tahasil place is already burdened and therefore, the

matter may not be transferred from Nagpur to Hinganghat, cannot

be accepted.

10. After considering the submissions of both the sides

and after perusal of the documents placed on record, application

filed by the applicant deserves to be allowed. Hence, I pass the

following order.

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ORDER

I. The application is allowed.
II. Proceedings bearing Petition No.A-192/2018 [Rohit

s/o Ashokrao Wanjari Vrs. Sau. Pranali Rohit Wanjari] pending
before the Family Court, Nagpur stands transferred to the Civil
Judge, Senior Division, Hinganghat for disposal, in accordance
with law.

III) The non-applicant is entitled for withdrawal of
amount of Rs.15,000/- with accrued interest.
IV) Misc. Civil Application is disposed of accordingly.

V) No order as to costs.

JUDGE

Choulwar

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