SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2012 Supreme(Bom) 1533

In the High Court of Bombay at Aurangabad
S.S. SHINDE
Sau. Mangal w/o Ambadas Gaikwad
Versus
Ambadas s/o Kachru Gaikwad & Another
MISC. CIVIL APPLICATION NO.24 OF 2012
Decided on : 14-08-2012

Advocates appeared:
For the Applicant:Milind M. Patil (Beedkar), Advocate.
For the Respondents:R1, N.B. Narwade, Advocate, R2, Served.

Headnote:Civil Procedure Code, 1908 - Section 24 - Hindu Marriage Act, 1955, Section 21- A - Transfer of matrimonial proceedings - Since three proceedings instituted by applicant-wife are pending at ’Beed’ and she has a minor child of 5 years hence application by wife for transfer of proceedings from Court at Ahmednagar to Court at Beed allowed.

       HINDU MARRIAGE ACT, 1955 - Section 13 - Transfer of divorce petition. Since applicant-wife residing at a distance place with her 5 years old child hence looking into convenience of wife, having liability of minor child, divorce petition transferred accordingly.

Judgment :

Rule. Rule made returnable forthwith. Heard finally with consent of the parties.

2. This application is filed seeking transfer of Hindu Marriage Petition No. 56 of 2012 pending on the file of the Court of 5th Joint Civil Judge, Senior Division, Ahmednagar to the Court of the Civil Judge, Senior Division, Beed.

3. The background facts as disclosed in this application for filing the same, are as under.

The marriage of the applicant and respondent No.1 was solemnized at Beed on 22nd January, 2006. A son by name "Om" is begotten out of their wedlock, who is five years old and staying with the applicant at Beed.

It is the case of the applicant that, after marriage, she went to her husband's house at Avhane (Kh.) District Ahmednagar and was treated well by respondent No.1 and his family members initially for one month and thereafter started ill-treatment to her. It is further case of the applicant that, after shifting to Ahmednagar, the respondent-husband and his family members demanded Rs.2,00,000/-for purchasing flat and furniture. She was being insulted and ill-treated by the husband and his relatives. It is further case of the applicant that, by consuming liquor, the respondent-husband used to beat her. After delivery of a child, the respondent-husband demanded Rs.2,00,000/-from father of the applicant and in case, such demand is not fulfilled, the respondent-husband threatened the applicant that, the applicant has to go back to her parent's house. It is the case of the applicant that, on non fulfillment of the demand of the respondent-husband, the applicant was driven out from matrimonial house and therefore, she went to reside with her parents. It is further case of the applicant that, on 25th June, 2011 the husband alongwith his relatives came to her maternal house at Beed and beaten her. Therefore, the applicant filed complaint being Regular Criminal Case No.502 of 2011 for the offence punishable under sections 498A, 452, 324, 323, 504, 506(II) of the Indian Penal Code against the husband and his relatives in the Court of the Chief Judicial Magistrate, Beed and same is pending. The applicant has filed an application for granting monthly maintenance under section 125 of the Criminal Procedure against her husband which is also pending in the Court of the Chief Judicial Magistrate, Beed. The applicant has also filed proceedings under section 12 of the Women's Domestic Violence Protection Act, 2005 against the respondent-husband and his relatives in the Court of the Judicial Magistrate, First Class, Beed and same is pending.

4. It is the case of the applicant that, the respondent-husband only with intention to harass the applicant, has filed Hindu Marriage Petition No. 56 of 2012 in the Court of the Civil Judge, Senior Division, Ahmednagar under section 13(1) (ia)(ib) of the Hindu Marriage Act, 1955 for divorce. It is further case of the applicant that, said divorce petition is filed by the respondent-husband on false and fabricated grounds including the very wild and ugly allegations of the illicit relations between applicant and present respondent No.2. It is case of the applicant that, such allegations are nothing but an attempt to pressurize the applicant who has filed the criminal proceedings against the respondent-husband and his relatives.

The summons from the Court of 5th Joint Civil Judge, Senior Division, Ahmednagar is received by the applicant at Beed. This application is filed for transfer of the proceedings from Ahmednagar to Beed.

5. The Counsel for the applicant submits that, the applicant has no independent source of income, she is dependent and living under the shelter and mercy of her father at Beed. The learned Counsel for the applicant submits that, recently, she is appointed as Peon in the office of the Taluka Inspector of Land Records, Paranda District Osmanabad. It is submitted that, she has to look after her son who is school going small child. Her father being Government servant, is unable to a









Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top