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2012 DIGILAW 1043 (BOM)

Sarika v. Bhausaheb

2012-06-12

S.S.SHINDE

body2012
Judgment :- This application is filed seeking transfer of the proceedings bearing Hindu Marriage Petition No.159 of 2011 pending before the Civil Judge (Senior Division), Nashik to the Civil Judge (Senior Division), Aurangabad. This Court on 26th March, 2012 referred the matter to the trained Mediator. In pursuant to the appearance of the parties, the learned Mediator heard the parties and submitted a report that 'mediation failed'. 2. The learned counsel for the Applicant submits that, the Applicant has already filed Criminal Miscellaneous Application No.647 of 2011 before the Judicial Magistrate First Class, Aurangabad and the same is pending. It is further submitted that the Respondent has filed Hindu Marriage Petition No.159 of 2011, which is pending before the Civil Judge (Senior Division), Nashik. It is submitted that, due to financial conditions, it will not possible for the Applicant to travel from Aurangabad to Nashik. It is further submitted that, threats are given by the Respondent and therefore, there is every danger to the life of the Applicant if she goes to the Nashik for attending the proceedings in Hindu Marriage Petition No.159 of 2011. It is submitted that the Applicant is totally dependent upon the parents and the economical position of the parents of the Applicant is very weak. Therefore, relying upon the grounds taken in the application, the learned counsel for the Applicants submits that the application may be allowed. 3. On the other hand, the learned counsel for the Respondent invited my attention to the affidavit in reply filed by the Respondent and submitted that, the ground taken in the application that the Applicant's parents' financial position is weak, is contrary to the record. The learned counsel invited my attention to the annexures to the affidavit in reply and submitted that the mother of the Applicant is serving as teacher. The father of the Applicant has received more than Rs. 11,00,000/-after his retirement. It is further submitted that if the application is filed incorporating therein false grounds, that itself can be a ground to reject the application. In support of this contention, the learned counsel for the Respondent press into service a decision of the Supreme Court in the case of Dalip Singh Vs. State of U.P. & ors, (2010 STPL(LE) 42865 SC), and in particular paragraph No.2 thereof. In support of this contention, the learned counsel for the Respondent press into service a decision of the Supreme Court in the case of Dalip Singh Vs. State of U.P. & ors, (2010 STPL(LE) 42865 SC), and in particular paragraph No.2 thereof. The learned counsel further invited my attention to Exhibit -R7 at page No.59 of the compilation and submitted that, threats are given by the brothers of the Applicant. He has filed complaint to the Deputy Commissioner of Police, Aurangabad. If Hindu Marriage Petition No.159 of 2011 is transfered to Aurangabad, the Respondent will have to come to Aurangabad and there is threat by the brothers of the Applicant that in case he comes to Aurangabad, they will kill him. The brothers of the Applicant are also asking for Rs.10,00,000/-. Therefore, this Court may not entertain this application and may not transfer the Hindu Marriage Petition No.159 of 2011 from Nashik to Aurangabad. 4. I have given due consideration to the rival submissions. The one of the grounds, which is taken in the application for transfer of the proceedings from Nashik to Aurangabad is that the Applicant has no financial source and therefore, she is dependent upon her parents' income. It is further stated in paragraph No.4 of the application that her parents' economic position is also very weak. In fact, such statement, which is made by the Applicant on oath in paragraph No.4 of the application is contrary to the record. It is not denied that the mother of the Applicant is serving as teacher in some educational institution and her father has also received Rs.11,00,000/-after his retirement. Therefore, said ground taken in the application cannot be sustained. However, another ground which is taken in the application that, there is threat by the Respondent to the Applicant and therefore, it is not safe to the life of the Applicant to travel to Nashik for attending the hearing of the Hindu Marriage Petition No.159 of 2011. 5. Upon hearing the learned counsel for the parties and in the peculiar facts of this case, I feel it appropriate to transfer the proceedings bearing Hindu Marriage Petition No.159 of 2011 from Civil Judge (Senior Division), Nashik to Civil Judge (Senior Division), Vaijapur, District Aurangabad. 5. Upon hearing the learned counsel for the parties and in the peculiar facts of this case, I feel it appropriate to transfer the proceedings bearing Hindu Marriage Petition No.159 of 2011 from Civil Judge (Senior Division), Nashik to Civil Judge (Senior Division), Vaijapur, District Aurangabad. This order is passed in peculiar facts of this case since the Respondent has placed on record a copy of the complaint at Exhibit -R7 addressed to the Deputy Commissioner of Police, Aurangabad against the brothers of the Applicant, if the proceedings are transfered at Aurangabad, there may be possibility of some danger to his life. 6. The matter was heard in the morning session extensively, however, the learned counsel for the Applicant requested to keep this matter at 02:30 pm so as to enable him to take instructions from the Applicant about the transfer of the proceedings from Nashik to Vaijapur. The applicant is present before this Court. She has instructed the Advocate who is appointed by the High Court Legal Services Authority that she has no objection if the pending proceedings are transfered from Nashik to Vaijapur, District Aurangabad. 7. In the result, I pass the following order: i. The pending proceedings bearing Hindu Marriage Petition No.159 of 2011 stands transfered from Civil Judge (Senior Division), Nashik to Civil Judge (Senior Division), Vaijapur, District Aurangabad ; ii. The concerned Court to take immediate steps to send the papers of the matter to the Civil Judge (Senior Division), Vaijapur, District Aurangabad within a period of one week from receiving a copy of this order ; iii. The Respondent has no objection to pay Rs. 300/-to the Applicant on each date of hearing so fixed by the Court and if the Applicant attends the hearing on the particular date ; iv. The Respondent further agreed to deposit Rs. 300/-before the concerned Court on the day of hearing ; v. On depositing such amount, the Applicant will be entitled to withdraw the same without filing any application ; vi. It is made clear that the Applicant will be entitled for the amount if she attends the hearing on that particular date ; and vii. With the above observations, the application stands disposed of.