23.06.21.MCA.572.19

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

…

MISCELLANEOUS CIVIL APPLICATION (Tr) NO. 572/2019

Sau. Nutan Naresh Pardeshi

Aged about 32 years, occu: Housewife

R/o c/o Pandurang Champatrao Waghmare

Chapmanwadi ,Yavatmal Tq. & Dist. Yavatmal. ..APPLICANT

v e r s u s

Shri Naresh Shivratan Pardeshi

Aged about 33 years, occu: service

R/o Ekfal, Tq. Shegaon

Dust. Buldana PIN 444203

..RESPONDENT

(Non-Applicant)

...................................................................................................................

Mr. R.. Nagpure, Advocate for the applicant

Mr. A.M.tirukh, Adv. For Respondent

.............................................................................................................…

CORAM

:

MRS.SWAPNA JOSHI, J.

DATED : 23^rd June, 2021

ORAL JUDGMENT:

1.

Rule. Rule is made returnable forthwith. Heard finally with

the consent of both the sides.

2.

By this Application, the applicant seeks transfer of Hindu

Marriage Petition (HMP) No.150/2017 instituted by the respondent-non

applicant, pending on the file of learned Civil Judge, Sr.Dn., Khamgaon

to the Court of learned Civil Judge, Sr.Dn. Yavatmal.

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3.

The learned Advocate for the applicant contended that

The learned Advocate for the applicant contended that

about five proceedings were filed by the applicant/wife in the Court at

about five proceedings were filed by the applicant/wife in the Court at

Yavatmal. It is submitted that since all those five matters are pending in

Yavatmal. It is submitted that since all those five matters are pending in

the Court at Yavatmal, the petition for divorce filed by the respondent/

the Court at Yavatmal, the petition for divorce filed by the respondent/

husband be transferred from the Court of Civil Judge, Sr.Dn. Khamgaon

husband be transferred from the Court of Civil Judge, Sr.Dn. Khamgaon

to the Court at Yavatmal. He contended that the applicant/wife finds it

to the Court at Yavatmal. He contended that the applicant/wife finds it

difficult to attend the proceedings every now and then since the

difficult to attend the proceedings every now and then since the

distance between Yavatmal and Khamgaon is about 105 kms.

distance between Yavatmal and Khamgaon is about 105 kms.

4.

4.

The learned counsel for the respondent vehemently

The learned counsel for the respondent vehemently

opposed the Application.

opposed the Application.

5.

5.

It is well settled by now that convenience of the wife is to

It is well settled by now that convenience of the wife is to

be considered and, as such, it it would be just and proper to transfer

be considered and, as such, it it would be just and proper to transfer

HMP No.115/2017 from Khamgaon to Yavatmal.

HMP No.115/2017 from Khamgaon to Yavatmal.

6.

The Hon’ble Apex Court in the case of Sumita Singh vs.

Kumar Sanjay and another, reported in AIR 2002 SC 396 has observed

that the wife’s convenience must be considered in matrimonial

proceedings, particularly when the husband has filed the petition against

her. In view of the facts and circumstances of the case, following order is

passed:-

ORDER

i)

The Misc. Civil Application No. 115/2017 is allowed.

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ii)

The proceedings bearing HMP No. 115/2017 pending on the file

of learned Civil Judge, S.D. Khamgaon stands transferred to the Court

of learned Civil Judge S.D.Yavatnal.

iii)

Rule is made absolute in aforesaid terms. There shall be no order

as to costs.

JUDGE

sahare