( 1 )

941 mca 98.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

941 MISC.CIVIL APPLICATION NO.98 OF 2020

DR ANUJA SATYAJIT NIGHUTE

VERSUS

DR SATYAJIT SHANTARAM NIGHUTE

...

Advocate for Applicant : Mrs. Poonam V. Bodke-patil

Advocate for Respondents : Mr. Bhide Vinod Y.

...

CORAM : M.G. SEWLIKAR, J.

DATE : 27.07.2021

P.C.:-

This is an application under Section 24 of the Civil Procedure

Code, 1908 for transfer of divorce proceedings bearing HMP No.98/2020

pending before C.J.(S.D.), Sangamner to the Court of C.J.(S.D.), Ahmedpur.

2.

Both the applicant and the respondent are medical practitioners.

They tied their nuptial knot on 10^th September, 2019. Their marriage is on the

rocks, on account of which applicant has been staying at her maternal place at

Ahmedpur, Tq. Ahmedpur, District Latur. Respondent is the resident of

Sangamner, Tq. Sangamner, District Ahmednagar and he is a medical

practitioner there.

3.

Applicant has filed this application for transfer of HMP

( 2 )

941 mca 98.20

No.98/2020 from C.J.(S.D.), Sangamner to the Court of C.J.(S.D.), Ahmedpur,

District Latur alleging therein that parents of respondent have criminal

antecedents. Two criminal trials are pending against father in law and mother

in law of the applicant at Sangamner. She fears threat to her life. Therefore,

she cannot travel alone and attend the proceedings of divorce pending at

Sangamner. She has further stated that she is working as a Senior Resident

Doctor at Swami Ramanand Teerth Government Medical College and Hospital,

Ambejogai and she has to commute from Ahmedpur to Ambejogai. She has to

attend to Covid-19 patients also. Her parents are senior citizens. Sangamner

is around 376 kms from Ahmedpur and it will be difficult for her to travel all

alone from Ahmedpur to Sangamner. It is further alleged that the respondent

is working as an Assistant Professor at Pravara Medical College and Hospital,

Loni, Tq. Rahata, District Ahmednagar. Due to nationwide lock-down the

college is not functioning. Respondent can easily travel to Ahmedpur City to

attend the Court proceedings. She, has therefore, sought transfer of HMP

No.98/2020 pending before the Court of C.J.(S.D.), Sangamner to the Court

of C.J.(S.D.), Ahmedpur.

4.

Respondent has filed the affidavit in reply and has denied all the

allegations made against him in the application. He has alleged that the

applicant has filed HMP No.37/2020 and FIR under Section 498-A of the I.P.C.

( 3 )

941 mca 98.20

is registered on 08.07.2020 at Ahmedpur. She has instituted this proceeding

just to harass the respondent. These proceedings are instituted after the

institution of petition for nullity of marriage under Section 12 of the Hindu

Marriage Act. The proceedings initiated by the applicant are, therefore,

mala fide. He further alleged that the applicant can travel from Ahmedpur to

Sangamner. When she can commute from Ahmedpur to Ambejogai which is a

distance of 60 kms one way, she can also travel from Ahmedpur to Sangamner.

Application for transfer smacks of mala fides. Therefore, it deserves rejection.

5.

Heard Shri Bhide learned counsel for the applicant and Smt.

Bodke learned counsel for the respondent.

6.

Shri Bhide submits that respondent has filed petition for nullity of

marriage first. On getting knowledge of this petition, applicant filed FIR

under Section 498-A of I.P.C. at Ahmedpur and also filed petition for

restitution of conjugal rights at Ahmedpur. She has also filed proceedings

under Protection of Women from Domestic Violence Act, 2005 (the ‘D.V. Act’

).

The conduct of applicant shows that these proceedings are initiated just to

harass the respondent. He submits that convenience of wife always is not the

criteria for deciding the transfer application. He submits that respondent is a

medical practitioner. He works in college at Loni, Tq. Rahata, District

Ahmednagar. He submits that the applicant is commuting from Ahmedpur to

( 4 )

941 mca 98.2