Bombay High Court
Ashwini D/O Jagdish Bramhane vs Manoj S/O Gangadhar Waghmare on 8 August, 2018
Author: Swapna Joshi
Bench: Swapna Joshi
921-mca 1237-17.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION [TR.] NO.1237 OF 2017
Ashwini d/o Jagdish Bramhane
Aged about 28 years,
Occupation-Household,
R/o. Buddha Nagar, Ballarpur (Ballarshah)
Dist.Chandrapur ... Applicant
.. Versus ..
Manoj Gangadhar Waghmare
Aged about 35 years,
Occupation-Service
R/o. At Daroda, Tah. Hinganghat
Dist.Wardha Non-
Applicant
..........
Shri N.R.Bhishikar, Advocate for Applicant.
Shri S.D.Zoting , Advocate for Non-Applicant.
..........
CORAM : MRS. SWAPNA JOSHI, J.
DATED : 08.08.2018.
ORAL JUDGMENT
1] Rule. Rule is made returnable forthwith. Heard finally by consent of learned counsel appearing for respective parties.
::: Uploaded on - 13/08/2018 ::: Downloaded on - 14/08/2018 00:54:31 ::: 921-mca 1237-17.odt 2 2] By this application, the applicant-wife seeks transfer of Hindu Marriage Petition No. 148 of 2017 pending on the file of learned Civil Judge, Senior Division, Hinganghat to the file of learned Civil Judge, Senior Division at Chandrapur.
3] The applicant and the non-applicant were married on 26.03.2016 as per Buddhist rites and rituals at Hinganghat. Out of the said wedlock, they are blessed with a female child, who is 1 ½ years old. For few days after the marriage the relations between the applicant and the non- applicant were cordial, however the dispute arose between the parties. As the applicant was carrying pregnancy, for the purpose of delivery she went to her parental home at Ballarpur in July-2016. Since then the applicant is staying at her parents home at Ballarpur.
4] The non-applicant/husband has filed divorce petition bearing Hindu Marriage Petition No.148 of 2017 which is pending before the Court of Civil Judge, Senior ::: Uploaded on - 13/08/2018 ::: Downloaded on - 14/08/2018 00:54:31 ::: 921-mca 1237-17.odt 3 Division, Hinganghat, Dist. Wardha.
5] The learned counsel for the applicant contended that since the applicant is having small child aged about 1 ½ years old, she finds it difficult to attend the proceedings at Hinganghat, Dist. Wardha, which is at a distance of approximately 120 km from Ballarpur.
6] The learned counsel for the non-applicant/husband vehemently opposed the said application. He submitted that the applicant can conveniently attend the court at Hinganghat.
7] In view of the fact that the applicant-wife is having a small child aged 1 ½ years old, and she finds it difficult to attend the proceedings at Hinganghat which is at a distance of 120 km from Ballarpur, it would be just and proper to transfer the divorce proceedings, bearing Hindu Marriage Petition No. 148 of 2017 from the Court of Learned Civil Judge Senior Division, Hinganhat to the file of ::: Uploaded on - 13/08/2018 ::: Downloaded on - 14/08/2018 00:54:31 ::: 921-mca 1237-17.odt 4 learned Civil Judge, Senior Division at Chandrapur in the interest of justice.
8] In view of the settled position of law and the decision of the Hon'ble Apex Court in case of Sumita Singh .vs. Kumar Sanjay and another, reported in AIR 2002 SC 396, wherein it is observed that the wife's convenience must be considered in matrimonial proceedings, particularly when the proceedings are filed by the husband, it would be just and proper to transfer Hindu Marriage Petition No.148/2017 pending on the file of Learned Civil Judge, Senior Division, Hinganghat to the file of learned Civil Judge, Senior Division at Chandrapur. In view of the facts and circumstances of the case, following order is passed :
O R D E R 1] The Misc. Civil Application No.1237/2017 is allowed.
2] The proceeding bearing Hindu Marriage Petition No.148/2017 pending on the file of Learned Civil Judge, ::: Uploaded on - 13/08/2018 ::: Downloaded on - 14/08/2018 00:54:31 ::: 921-mca 1237-17.odt 5 Senior Division, Hinganghat shall stand transferred to the file of learned Civil Judge, Senior Division at Chandrapur.
3] Rule is made absolute in aforesaid terms. There shall be no order as to costs.
JUDGE Kavita ::: Uploaded on - 13/08/2018 ::: Downloaded on - 14/08/2018 00:54:31 :::