Advocates:
['U K BISEN', '', 'RAKCHHA G BISEN', 'SHWETA V PETKAR', 'B S MANDHARE', 'MAYUKH M AWODE', '', 'NEERAJ B KARADE', 'PRITESH N ATKAR', 'FOR/R-SOLE']

MCA.1085.19

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR, NAGPUR.

…

MISCELLANEOUS CIVIL APPLICATION NO. 1085/2019

Mrs. Sneha w/o Hitesh Jibhe

Aged : 26 years, ccu: Nil

R/o C/o Prakash Shrawan Meshram

Type -7/56/05, KTPS Koradi Colony

Tq. Kamptee, Dist. Nagpur.

..APPLICANT

v e r s u s

Hitesh s/o Naresh Jibhe

Aged 33 years, occu: service

R/o Maruti Shankar Kalokhe

82, Siddhurg Krishna Housing Society

Sector no.27-A, Pradhikaran Nigadi,Dist. Pune

Office Address;

512, Army Base WKSP (EME WKSP)

KIRKEE (Khadki) Pune 411 003.

..RESPONDENT

( Non-Applicant)

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

Shri U.K. Bisen, Advocate for the applicant

Shri M.M. Awode, Advocate for non-applicant/respondent

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

CORAM

: MRS.SWAPNA JOSHI, J.

DATED : 11^th January, 2021

ORAL JUDGMENT:

1.

Rule. Rule is made returnable forthwith. Heard finally with consent of

learned counsel appearing for respective parties.

2.

By this Application, the applicant seeks transfer of Hindu marriage

Petition (HMP) No.438/2019 instituted by the respondent-non applicant, pending on

the file of learned Civil Judge, Senior Division, Pune to the Court of learned Civil

Judge, Sr.Dn., Nagpur.

3.

The marriage between the applicant and non-applicant was solemnized

he marriage between the applicant and non-applicant was solemnized

on 30.04.2018 as per the Buddhist rites, rituals and custom. After the marriage, the

on 30.04.2018 as per the Buddhist rites, rituals and custom. After the marriage, the

MCA.1085.19

2

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

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

home, in a joint family. However after a few months, disputes cropped up between

home, in a joint family. However after a few months, disputes cropped up between

them due to the alleged ill-treatment and harassment at the hands of the respondent-

them due to the alleged ill-treatment and harassment at the hands of the respondent-

husband and in-laws. The applicant thereafter left her matrimonial home and started

husband and in-laws. The applicant thereafter left her matrimonial home and started

residing with her parents at Nagpur. The applicant has filed an application u/s 125

residing with her parents at Nagpur. The applicant has filed an application u/s 125

Cr.P.C. for grant of maintenance against the husband and the said application which

Cr.P.C. for grant of maintenance against the husband and the said application which

is registered as M.A. No.2886/2019 is pending before the JMFC Court No.6, Nagpur.

is registered as M.A. No.2886/2019 is pending before the JMFC Court No.6, Nagpur.

The respondent-husband has filed an application u/s 9 of the Hindu Marriage Act, 1955

The respondent-husband has filed an application u/s 9 of the Hindu Marriage Act, 1955

vide HMP No.438 /2019 before the Civil Judge S.D. at Pune.

vide HMP No.438 /2019 before the Civil Judge S.D. at Pune.

4.4.

Mr. U.K. Bisen, learned Advocate for the applicant-wife contended that

Mr. U.K. Bisen, learned Advocate for the applicant-wife contended that

since the applicant-wife is presently staying with her parents at Nagpur and is

since the applicant-wife is presently staying with her parents at Nagpur and is

unemployed, she is unable to attend the court proceedings at Pune every now and

unemployed, she is unable to attend the court proceedings at Pune every now and

then. He contended that the respondent-husband can conveniently attend the court at

then. He contended that the respondent-husband can conveniently attend the court at

Nagpur and contest the proceedings u/s 125 Cr.P.C. filed by the appl