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mca30.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR

MISC. CIVIL APPLICATION NO. 30/2021

Mrs. Pooja w/o Pravin Thool,

aged about 24 years, Occ. Housewife,

r/o c/o Anandrao Randhir,

Near Buddha Vihar, Station Fail,

Wardha, Tq. & Dist. Wardha.

.....APPLICANT

...V E R S U S...

Mr. Pravin s/o Chanduji Thool,

Aged 32 years, Occ. Service,

R/o Chavhan Layout, Ralegaon,

Tq. Ralegaon, Dist. Yavatmal.

...NON APPLICANT

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Mr. Mahesh Rai, Advocate for applicant.

None for non applicant.

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CORAM:-

V. M. DESHPANDE

, J.

DATED :-

21.10.2021.

ORAL JUDGMENT

1.

Rule. Rule is made returnable forthwith. Taken up for

final hearing at admission stage.

2.

Heard Mr.Rai, learned counsel for applicant. Mr.Rathod,

learned counsel for non applicant chose to remain absent when this

case was taken up for hearing and also there is no request on his part

for adjournment. Looking to the controversy involved in this

application, the application is decided at the admission stage itself.

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3.

Marriage between applicant and non applicant took place

on 19.06.2015 at Wardha. The applicant got one son from her

marriage, who is aged about three years. The applicant is presently

residing along with her son with her parents at Wardha. It is stated in

the application that non applicant/husband filed a petition for

divorce against the applicant and the said divorce petition is

registered as Hindu Marriage Petition No. 236/2018 and is pending

on the file of learned Civil Judge Senior Division, Yavatmal. For

decision of this application, the merits or demerits of the allegations

made in the divorce proceedings are not required to be gone into.

4.

Needless to mention that the applicant has filed her

written statement and contested the divorce petition. It is also stated

in the present application that in the divorce proceedings, the

applicant filed an application under Section 24 of the Hindu Marriage

Act and claimed for maintenance pendent lite and the said

application is allowed by learned Judge and granted Rs.6,000/-

towards maintenance and Rs. 10,000/- as expenses. On affidavit it is

stated that as the applicant has not received any amount in spite of

order operating against the non applicant.

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5.

The non applicant has not filed any reply to this

application under consideration. Consequently, the statements of

facts made on affidavit have remained uncontroverted.

6.

The applicant is residing at her parent’s house along with

her son aged three years and she being not employed she is only

dependent on her parents. Not only that though the learned Judge

before whom the proceedings are pending has granted maintenance

in favour of the applicant. The non applicant has failed to give any

amount of maintenance as directed to him.

7.

The applicant has filed proceedings against the non

applicant under relevant provisions of Domestic Violence Act at

Wardha. In that notices are already issued, is the submission made

by the learned counsel for applicant.

8.

Since the applicant is a helpless lady without any means, it

will be cumbersome for her to travel from Wardha to Yavatmal on

each and every date to attend the divorce proceeding. Therefore, in

my view, this is a fit case wherein this Court should exercise its

discretion under Section 24 of the Code of Civil Procedure. Hence, I

pass the following order.

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ORDER

(i)

The application is allowed.

(ii)

Divorce proceedings filed by non applicant i.e.

Hindu Marriage Petition No.236/2018 pending on the file

of learned Civil Judge Senior Division, Yavatmal stands

transferred from the said Court to the learned Civil Judge

Senior Division, Wardha. Learned Civil