MCA.1143.19

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR, NAGPUR.

…

MISCELLANEOUS CIVIL APPLICATION NO. 1143/2019

Mamta w/o Jayant Barge

Aged about 28 years, occu: household

R/o Ghosali Besa, Manewada, Nagpur.

..APPLICANT

v e r s u s

Jayant s/o Vasantrao Barge

Aged about 40 years, occu : Labour

R/o Ward No. 14, Opp: Hanuman Mandir

Morgaon Arjuni, Gondia.

..RESPONDENT

( Non-Applicant)

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

Mr. A. Shelat, Advocate for the applicant

None for respondent though served.

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

CORAM

: MRS.SWAPNA JOSHI, J.

DATED : 11^th February, 2021

ORAL JUDGMENT:

1.

Respondent is absent, though served.

2.

Rule. Rule is made returnable forthwith. Heard finally.

3.

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

(HMP) No.176/2019 instituted by the respondent-husband, pending on the file of learned Civil

Judge, Senior Division, Gondia to the Family Court at Nagpur.

4.

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

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

08.04.2010. Out of the said wedlock, the couple was blessed with a son and daughter. It is

08.04.2010. Out of the said wedlock, the couple was blessed with a son and daughter. It is

alleged that on 10

alleged that on 10^thth May 2019, the applicant was driven out of the house of respondent at

May 2019, the applicant was driven out of the house of respondent at

Gondia, after merciless beating. Therefore, she was compelled to stay with her parents at

Gondia, after merciless beating. Therefore, she was compelled to stay with her parents at

Nagpur.

Nagpur.

5.5.

The applicant has filed an application for maintenance u/s 125 of Cr. P.C.

The applicant has filed an application for maintenance u/s 125 of Cr. P.C.

which is pending on the file of Family Court at Nagpur. Meanwhile, the respondent has

which is pending on the file of Family Court at Nagpur. Meanwhile, the respondent has

instituted HMP No.176/2019 in the Court of Civil Judge Sr.Dn. Gondia for restitution of

instituted HMP No.176/2019 in the Court of Civil Judge Sr.Dn. Gondia for restitution of

MCA.1143.19

2

conjugal rights.

conjugal rights.

5.5.

Mr. A. Shelat, learned Advocate for the applicant-wife contended that since

Mr. A. Shelat, learned Advocate for the applicant-wife contended that since

the applicant-wife is presently staying with her parents at Nagpur and is unemployed, she is

the applicant-wife is presently staying with her parents at Nagpur and is unemployed, she is

unable to attend the court proceedings at Gondia every now and then. The applicant therefore

unable to attend the court proceedings at Gondia every now and then. The applicant therefore

requested that the said proceedings be transferred to Nagpur.

requested that the said proceedings be transferred to Nagpur.

6.6.

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 would be just and proper to transfer HMP No.176/2019 from Gondia to

and as such, it would be just and proper to transfer HMP No.176/2019 from Gondia to

Nagpur.

Nagpur.

7.

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. 1143/2019 is allowed.

ii)

The proceedings be