Advocates:
['ROHIT JOSHI', '', 'MADHUR A DEO', 'SURABHI V KAPLAY']

MCA.17.19

1

ppIN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR, NAGPUR.

…

MISCELLANEOUS CIVIL APPLICATION NO. 17/2019

Mrs. Poonam w/o Ghanshyam Pardeshi

Aged about 30 years, ccu: housewife

R/o Shastrakar Layout

Bypass Road, DRC Colony

Dist. Chandrapur 442 401. .

..APPLICANT

v e r s u s

Mr.Ghanshyam S. Pardeshi

Aged about 35 years, occu service

R/o Mochi Galli, Taluka Ambejogai Dist. Beed.

Office address: Zilla Parishad

Bandhkam Vibhag Panchayat Samiti

Malva, Dist. Sinhudurg 416 606.

..RESPONDENT

( Non-Applicant)

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

Shri Madhur Deo, Advocate for the applicant

None for respondent though served by paper publication

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

CORAM

: MRS.SWAPNA JOSHI, J.

DATED : 27^th January, 2021

ORAL JUDGMENT:

1.

Respondent is absent, though served through paper publication.

2.

Rule. Rule is made returnable forthwith. Heard finally.

3.

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

(HMP) No.116/2018 instituted by the respondent-non applicant, pending on the file of learned

Civil Judge, Senior Division, Ambejogai to the Court of learned Civil Judge, Sr.Dn.,

Chandrapur,

4.

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

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

23.11.2013 as per the Hindu rites and customs. After the marriage, the applicant-wife

23.11.2013 as per the Hindu rites and customs. After the marriage, the applicant-wife

started co-habiting with the respondent-husband at her matrimonial home. It is alleged that in

started co-habiting with the respondent-husband at her matrimonial home. It is alleged that in

June 1989, the respondent-non-applicant deserted the applicant and since then the parties

June 1989, the respondent-non-applicant deserted the applicant and since then the parties

MCA.17.19

2

are residing separately. HMP No.116/2018 was instituted by the non-applicant husband for

are residing separately. HMP No.116/2018 was instituted by the non-applicant husband for

dissolution of marriage at Ambejogai.

dissolution of marriage at Ambejogai.

5.5.

Mr. Madhur Deo, learned Advocate for the applicant-wife contended that

Mr. Madhur Deo, learned Advocate for the applicant-wife contended that

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

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

unemployed, she is unable to attend the court proceedings at Ambejogai every now and then.

unemployed, she is unable to attend the court proceedings at Ambejogai every now and then.

The applicant therefore requested that the said proceedings be transferred to Chandrapur.

The applicant therefore requested that the said proceedings be transferred to Chandrapur.

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 it would be just and proper to transfer HMP No.116/2018 from Ambejogai to

and as such, it it would be just and proper to transfer HMP No.116/2018 from Ambejogai to

Chandrapur.

Chandrapur.

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. 17/2019 is allowed.

ii)

The proceedings bearing HMP No. 116/2018 pending on the file of the learn