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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

MISC. CIVIL APPLICATION NO. 424 OF 2020

Snehal w/o Dhiraj Agrawal

Aged about 30 Years, Occupation-Household;

Resident at – C/o Sureshkumar Sudharam

Nangliya, Main Road, Gandhi Chowk,

Chandurbazar, Tahsil and District Amravati.

… APPLICANT

V E R S U S

Dhiraj s/o Ashok Agrawal

Aged about 31 Years, Occupation-Service;

Resident at – Plot No.21, Laxminarayan

Nagar, Tahsil and Bhusawal 425201.

… NON-APPLICANT

Mr. Tejas Deshpande, Advocate for Applicant.

None for the Non-applicant.

CORAM

:

MRS. SWAPNA JOSHI, J.

DATE

: MARCH 10, 2021.

ORAL JUDGMENT

.

Heard. Rule. Rule made returnable forthwith. Heard learned

Counsel for the Applicant finally. None appears for the Non-applicant though

served.

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2.

By this Application, Applicant is seeking transfer of the Petition

bearing HMP No.130/2020 pending on the file of Joint Civil Judge Senior

Division, Bhusawal to the Civil Judge Senior Division, Achalpur.

3.

Marriage between the Applicant and Non-applicant was

solemnized on 19/6/2018 as per Hindu rites and customs. After marriage

Applicant started cohabiting with the Non-applicant at Bhusawal. However, as

the dispute arose between the parties due to the illtreatment at the hands of

Non-applicant, she was constrained to leave her matrimonial home at

Bhusawal and started residing with her parents at Chandurbazar, District

Amravati.

4.

The Applicant has filed proceedings under the provisions of

Protection of Women From Domestic Violence Act bearing PWDV Appln.

No.8/2019 in the court of Judicial Magistrate First Class, Chandurbazar,

district Amravati as well as the Hindu Marriage proceedings bearing HMP

No.105/2020 in the court of Civil Judge Senior Division, Achalpur. Whereas,

the Non-applicant has filed the proceedings under the Hindu Marriage Act for

dissolution of marriage bearing HMP No.130/2020 in the court of Civil Judge

Senior Division, Bhusawal. It is submitted that since the Applicant is living at

the mercy of her parents, she finds it difficult to attend the proceedings

pending in the court of Civil Judge Senior Division at Bhusawal. It is,

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therefore, requested that the proceedings pending before the Civil Judge

Senior Division, Bhusawal filed by the Non-applicant be transferred to the Civil

Judge Senior Division, Achalpur.

5.

It is well settled that wife’

s convenience is to be seen, more

particularly when the husband has filed the petition against her.

6.

The Hon’

ble Apex Court in the matter of Sumita Singh V/s Kumar

Sanjay & Anr. Reported in AIR 2002 SC 396 has observed that wife’s

convenience must be considered in matrimonial proceedings, particularly

when the husband has filed the petition against her.

7.

Considering the fact that the Applicant – wife is living at the mercy

of her parents and she depends on them, it would be just and proper to

transfer the Hindu Marriage Petition No. 130/2020 pending on the file of Civil

Judge Senior Division, Bhusawal to the Civil Judge Senior Division, Achalpur.

Hence, the following order.

ORDER

(i)

Misc. Civil Application No. 424/2020 is allowed.

(ii) The proceedings i.e. Hindu Marriage Petition No.130/2020 pending on

the file of Civil Judge Senior Division, Bhusawal is hereby transferred to

the court of Civil Judge Senior Division, Achalpur.

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(iii) Parties to appear before the Civil Judge Senior Division, Achalpur on 1^st

April, 2021.

8.

Rule is made absolut