Bombay High Court
Sau. Snehal Omprakash Kothekar vs Shri. Omprakash Domaji Kothekar on 5 August, 2013
Author: S.S. Shinde
Bench: S.S. Shinde
1 mca33.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
MISC. CIVIL APPLICATION NO.33 OF 2013
Sau. Snehal Omprakash Kothekar,
Age: 25 years, Occ: Household,
R/o. C/o. Jivanrao J. Lakhole,
Shakti Nagar, Itwara Road, Nanded,
Tq. & Dist. Nanded. ...APPLICANT
VERSUS
Shri. Omprakash Domaji Kothekar,
Age: 30 years, Occ: Service,
R/o. Bramhand Phase 8, Dharmacha Pada,
Ghod Bandar Road, Thane,
Tq. & Dist. Thane and also
residing at 20, "Hariom Vasahat",
near Shankar nagar,
Amravati 444606. ...RESPONDENT
...
Mr. Amit A. Mukhedkar, Advocate for applicant.
Mr. V.P. Raje, Advocate for respondent sole.
...
CORAM: S.S. SHINDE, J.
DATE : 5TH AUGUST, 2013
ORAL JUDGMENT :
. Rule. Rule made returnable forthwith.
With the consent of the parties, this application is taken up for final disposal.
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2. This Misc. Civil Application is filed seeking transfer of the proceedings bearing Hindu Marriage Petition No. 152 of 2012 pending in the Court of the learned Joint Civil Judge, Senior Division, Amravati.
3. It is the case of the applicant that, on 21st May, 2010 the marriage between the applicant and the respondent was solemnized. It is the contention of the applicant that, thereafter the respondent started illtreating her, therefore, she left matrimonial house and came to her parent's house at Nanded. It is further case of the applicant that, she has filed proceedings under the provisions of Protection of Women from Domestic Violence Act, 2006 and also for maintenance under section 125 of the Code of Criminal Procedure. The respondent-husband filed H.M.P. No. 152 of 2012 before the Court of the Joint Civil Judge, Senior Division, Amravati on 25th October, 2012.
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4. The learned Counsel appearing for the applicant submits that, the distance between Nanded and Amravati is more than 300 kms. It is inconvenient for the applicant-wife to travel from Nanded to Amravati. It is submitted that, the proceedings instituted by the applicant are prior in time and respondent has already caused appearance in the said proceedings before the Court. He further submits that, in case prayer of the applicant for transfer of the proceedings is allowed, inconvenience will not be caused to the respondent-husband. However, if the proceedings are not transferred, in that case there will be great inconvenience to the applicant-wife.
Therefore, he submits that, this application may be allowed.
5. On the other hand, the learned Counsel appearing for the respondent vehemently opposed the prayer in the application on merits. He submits that, marriage was solemnized at Amravati ::: Downloaded on - 27/08/2013 21:14:45 ::: 4 mca33.13 and Amravati falls within jurisdiction of High Court, Nagpur Bench, therefore, proceedings from Amravati to Nanded may not be transferred.
6. I have heard the learned Counsel appearing for the parties at length, with their able assistance perused the entire material placed on record. It is not in dispute that, distance between Nanded to Amravati is more than 300 kms.
It is also not in dispute that, applicant-wife is not working and has no independent financial source so as to meet expenditure to travel from Nanded to Amravati and from Amravati to Nanded.
Apart from that, it is also undisputed position that, applicant-wife has instituted proceedings under Protection of Women from Domestic Violence Act and also under other provisions and those proceedings are pending before the competent Court at Nanded.
7. It is true that, judicial District Amravati falls within jurisdiction of High Court, Nagpur Bench, however, the applicant-wife is ::: Downloaded on - 27/08/2013 21:14:45 ::: 5 mca33.13 residing with her parents at Nanded, that gives jurisdiction to this Court as held by this Court in the case of Sanghamitra w/o Ramakant Royalwar vs. Ramakant s/o Gangaram Royalwar reported in 2009(1) Mh.L.J. 303.
8. In the light of discussion herein above, balance of convenience certainly lies in favour of the applicant. Therefore, the application deserves to be allowed. Accordingly, following order:-
: O R D E R :
(A) The Hindu Marriage Petition No. 152 of 2012 shall stand transferred from the Court of the Joint Civil Judge, Senior Division, Amravati, to the Court of the Civil Judge, Senior Division, Nanded.
(B) The Joint Civil Judge, Senior Division, Amravati shall take immediate steps to transfer the proceedings of H.M.P. No. 152 of 2012 within one week from the date of receipt of the order passed by this Court.::: Downloaded on - 27/08/2013 21:14:45 :::
6 mca33.13 (C) Since the proceedings are matrimonial in nature, Civil Judge, Senior Division, Nanded shall endeavor to dispose of the said proceedings, as expeditiously as possible, however, within six months from today.
(D) The parties through Counsel agreed that, parties will extend co-operation for early disposal of the proceedings. The Civil Judge, Senior Division, Nanded shall not grant unnecessary adjournments to the parties unless there exist extraordinary circumstance for granting such adjournments.
. Misc. Civil Application is allowed to the above extent, and same stands disposed of. Rule made absolute on above terms.
sd/-
[S.S. SHINDE, J.] sut/Aug13 ::: Downloaded on - 27/08/2013 21:14:45 :::