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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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