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Smt. Shalaka Aniket Dhatrak vs Shri.. Anniket Arun Dhatrak on 8 April, 2019

6. mca 260.18.doc

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS CIVIL APPLICATION NO. 260 OF 2018

Smt.Shalaka Aniket Dhatrak .. Applicant
Vs.
Shri Aniket Arun Dhtrak .. Respondent

Ms.Vaidehi Odhekar, for the Applicant.
Mr.Ketan Joshi, for Respondent.

CORAM : M.S.KARNIK, J.

DATE : 08th APRIL, 2019

P.C. :

. Heard learned Counsel for the applicant and

respondent.

2. This application is filed by the wife for transfer of

Divorce Petition No. 664 of 2018 pending on the file of the

Principal Judge, Family Court, Pune to the Court of the Principal

Judge, Family Court, Dhule. It is the case of the wife that the

marriage was solemnized on 03/12/2016 at Dhule. Thereafter

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the parties resided at matrimonial home at Pune till

29/01/2017. The wife alleges cruelty and ill treatment at the

hands of the respondent and his family members. It is alleged

that wife was restrained from entering the matrimonial home

and therefore she had no option, but to come back to Dhule and

start residing with the parents.

3. Some time in November 2017, wife had filed Regular

Civil Suit No. 307 of 2017 before the Court of Civil Judge,

Senior Division, Dhule for maintenance under Section 18 of the

Hindu Adoptions and Maintenance Act, 1956. Thereafter, the

husband filed Petition for divorce under section 13(1)(ia) of the

Hindu Marriage Act 1955 before the Principal Judge, Family

Court at Pune. The said Petition was filed on 14/05/2018.

Learned Counsel for the petitioner would contend that she is

residing with her parents. The petitioner is unemployed and has

to depend upon her parents for livelihood. She submits that the

distance between Dhule and Pune is almost 250 km and

therefore it is very inconvenient for her to attend divorce

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proceedings at Pune.

4. Learned Counsel for the respondent on the other

hand opposed the application. He would submit that the

petitioner can conveniently attend the proceedings at Pune.

Learned Counsel, on instructions, submits that respondent even

is willing to bear expenses of the petitioner for attending the

Court proceedings at Pune. He invited my attention to the order

dated 03/09/2018 which is at page 48 of the paper-book. He

would submit that in the Criminal Writ Petition filed before the

Aurangabad Bench of this Court by the family members of the

petitioner, the Hon’ble Court was pleased to transfer the

proceedings in Regular Criminal Case No. 513 of 2017 on the

file of the Judicial Magistrate, First Class, Dhule to the Court of

Chief Judicial Magistrate, Pune for the reasons mentioned

therein. He also invites my attention to the order dated

07/01/2019 passed by this Court whereby an application made

by the petitioner for transfer of Complaint from the file of

Judicial Magistrate First Class, Pune to the file of the Judicial

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Magistrate First Class, Dhule is rejected. He would thus submit

that there are some proceedings pending at Pune and there are

some proceedings pending at Dhule. In this view of the matter,

learned Counsel would submit that the applicant is in any way

required to attend criminal proceedings at Pune and therefore

present application for transfer need not be entertained.

5. I have heard learned Counsel for the parties. I find

that the wife filed proceedings under section 18 for maintenance

before the Civil Judge, Senior Division, Dhule in November

2017. The Husband filed the Petition for divorce in the Family

Court at Pune on 14/05/2018. The applicant is residing with

her parents at Dhule. The applicant is without any source of

employment. The respondent on the other hand is working with

the Income Tax Department. As regards the transfer of the

criminal proceedings from Dhule to Pune relied upon by learned

Counsel for the respondent, I find that the same being criminal

proceedings are transferred in view of the cause of action which

has taken place within jurisdiction of the Court at Pune. In this

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view of the matter, I am not inclined to accept the contention of

the learned Counsel for the respondent that even these

proceedings should be transferred as the consideration for

transfer of matrimonial proceedings is convenience of wife.

Present proceedings of which transfer is sought are not the

criminal proceedings. In this view of the matter, convenience of

wife will have to be taken into consideration while transferring

the matrimonial proceedings. The distance between Dhule and

Pune is 250 km and therefore it is not convenient for the wife to

attend the proceedings at Pune. Moreover, her application for

maintenance which was filed at Dhule is prior in point of time

to the husband’s Petition for Divorce of which transfer is sought.

6. In this view of the matter, I am of the opinion that

the wife is justified in contending that it would be of great

inconvenience if the proceedings are not transferred. In the

interest of justice therefore, the present application deserves to

be allowed and is accordingly allowed in terms of prayer clause

(a).

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7. Application is disposed of.

(M.S.KARNIK, J.)

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