Advocates:
['V S LOKHANDE', 'ABDUL SUBHAN', '', 'KALYAN KUMAR', 'FOR/R-SOLE']

MCA.1081.19

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR, NAGPUR.

…

MISCELLANEOUS CIVIL APPLICATION (Tr) NO. 1081/2019

Dr.Priti w/o Ajay Chandrakapure

Aged about 32 years, occu: Nil

C/o Shri Mahadeo Shende

Rampuri Ward No.18

Near Reddy Godown Road

Gadchiroli, Tah.& Dist. Gadchiroli.

..APPLICANT

v e r s u s

Ajay s/o Rajaram Chandrakapure

Aged about 37 years, occu :Service

R/o Sumitra nagar, Chandrapur

Tah.& Dist. Chandrapur.

..RESPONDENT

( Non-Applicant)

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

Mr. V.S. Lokhande, Advocate for the applicant

Advocate for Respondent absent

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

CORAM

: MRS.SWAPNA JOSHI, J.

DATED : 22^nd February, 2021

ORAL JUDGMENT:

1.

Rule. Rule is made returnable forthwith. Heard finally.

2.

By this Application, the applicant seeks transfer of Hindu Marriage Petition

(HMP) No. 250/2019 instituted by the respondent-non applicant, pending on the file of learned

Civil Judge, Sr.Dn., Chandrapur to the Court of learned Civil Judge, Sr.Dn. Gadchiroli.

3.

The marriage between the applicant and non-applicant was solemnized on

he marriage between the applicant and non-applicant was solemnized on

16.04.2017 at Gadchiroli, as per the rites and customs prevalent in their community. After

16.04.2017 at Gadchiroli, as per the rites and customs prevalent in their community. After

the marriage, the applicant-wife started co-habiting with the respondent-husband at her

the marriage, the applicant-wife started co-habiting with the respondent-husband at her

matrimonial home, at Chandrapur. It is alleged that some time in March 2019 the applicant

matrimonial home, at Chandrapur. It is alleged that some time in March 2019 the applicant

was driven out of the house of the respondent and therefore she started residing with her

was driven out of the house of the respondent and therefore she started residing with her

parents at Gadchiroli. On 26.06..2019 the applicant filed Misc.Cri. Case No.14/2019

parents at Gadchiroli. On 26.06..2019 the applicant filed Misc.Cri. Case No.14/2019

under the Domestic Violence Act, 2005, in the Court of JMFC Gadchiroli. It is submitted that

under the Domestic Violence Act, 2005, in the Court of JMFC Gadchiroli. It is submitted that

the respondent too has filed divorce petition at Chandrapur in the court of Civil Judge

the respondent too has filed divorce petition at Chandrapur in the court of Civil Judge

MCA.1081.19

2

Chadrapur. It is submitted that it is very difiicult for her to attend the proceedings every now

Chadrapur. It is submitted that it is very difiicult for her to attend the proceedings every now

and then since she is depending upon her parents, financially. It is requested that the

and then since she is depending upon her parents, financially. It is requested that the

proceedings be transferred to Gadchiroli.

proceedings be transferred to Gadchiroli.

4.4.

The respondent though served, none appears on his behalf.

The respondent though served, none appears on his behalf.

5.5.

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

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 HMP No. 250/2019 from Chandrapur

and, as such, it it would be just and proper to transfer HMP No. 250/2019 from Chandrapur

to Gadchiroli.

to Gadchiroli.

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 file