Jayshree w/o Parmeshwar Patil v. Parmeshwar alias Ghanshyam s/o Pitambar Patil
2013-03-21
S.S.SHINDE
body2013
DigiLaw.ai
Judgment: Rule. Rule made returnable forthwith. With the consent of the parties, heard finally. 2. This Misc. Civil Application seeks transfer of Hindu Marriage Petition No. 343 of 2012 filed by the respondent husband against the applicant wife for annulling of marriage, pending before the Court of the Civil Judge, Senior Division, Jalgaon to the Family Court, Aurangabad. 3. The back ground facts leading to file this application as disclosed in the application are as under:- It is the case of the applicant that, the applicant married with the respondent on 26thApril, 2012 as per Hindu rites and customs at Khajole, Taluka Pachora District Jalgaon. The father of the applicant has spent amount of Rs.3,00,000/-in marriage in addition to dowry of 110 gms. of gold int he form of ornaments. It is further case of the applicant that, the applicant returned to her maternal home on 30th April, 2012 and after attending the wedding returned to her matrimonial home on 5th May, 2012. It is case of the applicant that, on 5th May, 2012 Satyanarayan Pooja was performed at the house of the respondent and the respondent on the same night started torturing her verbally on sexual grounds alleging that, she is not competent to cohabit with him and also not competent to conceive. Medical tests of the applicant were performed at Vishwaprabha hospital, Jalgaon and everything was found to be normal with the applicant. It is further case of the applicant that, on 11th May, 2012 father of the applicant visited the house of the applicant and took her alongwith him to her matrimonial home. On 4th July, 2012 medical examination of the applicant was duly conducted at Civil Hospital, Jalgaon and findings of the examination were normal. It is further case of the applicant that, in the month of July 2012 the respondent husband instituted proceedings under section 12(1)(A) of the Hindu Marriage Act, 1955 for annulling the marriage. It is further case of the applicant that, in the month of October 2012 the applicant shifted from Khajole District Jalgaon to Aurangabad at the place of her near relative Shri. Shivraj Sukhdev Patil. It is further case of the applicant, as orally submitted by the Counsel for the applicant that, earlier she was taking education in the College at Kannad, however, she got transferred her admission for M.A. Sociology at Deogiri College, Aurangabad on 3rd October, 2012.
It is further case of the applicant, as orally submitted by the Counsel for the applicant that, earlier she was taking education in the College at Kannad, however, she got transferred her admission for M.A. Sociology at Deogiri College, Aurangabad on 3rd October, 2012. It is the case of the applicant that, because of the severe disputes between the applicant and her husband, some humiliation was caused to her and therefore, she shifted from her village to Aurangabad. 4. The learned Counsel appearing for the applicant submits that, the distance from Aurangabad to Jalgaon is around 150 kms. It is inconvenient for the applicant to travel from Aurangabad to Jalgaon. It is further submitted that, due to mental and physical torture by the respondent, the applicant has to leave matrimonial house and come to her parent's place. It is further submitted that, since the applicant is taking education at Aurangabad, it is not possible for her to travel from Aurangabad to Jalgaon to attend the proceedings instituted by the respondent husband. The learned Counsel invited my attention to page 18 (Exhibit-C) of the compilation of the application to show that, same is identity card issued by the concerned College where the applicant is prosecuting her studies. Therefore, relying upon the grounds taken in the application, the learned Counsel appearing for the applicant submits that, the application may be allowed. 5. On the other hand, the learned Counsel appearing for the respondent submits that, since the marriage was solemnized at Khajole Taluka Pachora District Jalgaon, the jurisdiction to try the said proceedings instituted by the respondent is with the competent Court at Jalgaon. It is submitted that, in fact, just to make a ground for transfer of the proceedings from Jalgaon to Aurangabad, the applicant has taken admission in the College at Aurangabad, however, she is not attending the classes. The learned Counsel invited my attention to the affidavit in reply filed on behalf of the respondent. Relying upon the paragraph-2 of the affidavit in reply, the Counsel for the respondent submitted that, there is no legal and valid ground for seeking the transfer proceedings instituted by the respondent. It is further submitted that, this Misc. Civil Application is filed just to prolong the proceedings pending before the Court at Jalgaon. It is further submitted that, totally false and frivolous allegations are made in the application.
It is further submitted that, this Misc. Civil Application is filed just to prolong the proceedings pending before the Court at Jalgaon. It is further submitted that, totally false and frivolous allegations are made in the application. The distance from Aurangabad to Jalgaon is not more than 150 kms., There is no mention in the application that, whether the admission is for regular Course or as a external student, neither there is admission receipt annexed to the Misc. Civil Application. Taking education and that too, inter district is not bonafide ground for seeking transfer of the matrimonial dispute from Jalgaon to Aurangabad. The learned Counsel invited my attention to paragraph-4 of the affidavit in reply and submitted that, in view of the provisions of Section 19 of the Hindu Marriage Act, every petition under the said Act shall be presented to the District Court within local limits of whose original civil jurisdiction where the parties are residing. The Counsel invited my attention to the clauses of section 19 of the said Act and submitted that, in the light of provisions of Section 19 of the said Act prayer for transfer of the proceedings instituted by respondent husband from the Court at Jalgaon to Aurangabad is misconceived and is without valid ground. It is further submitted that, the marriage between the parties had taken place at Khajole Taluka Pachora District Jalgaon i.e. applicant's matrimonial house and the respondent husband is also residing at Asankheda Taluka Pachora District Jalgaon. Therefore, according to the Counsel for the respondent, when both the parties are residents ofJalgaon district, the Court at Jalgaon has jurisdiction to try and decide the proceedings filed by the respondent. It is submitted that, allegation that, the father of the applicant has paid Rs.3,00,000/-, is devoid of any merits. Gold ornaments are not given by the father of the applicant. The learned Counsel invited my attention to paragraph-7 of the affidavit in reply and submitted that, the allegations made by wife and narration of the events taken place on the day when Satyanarayan Pooja was performed, are false and not acceptable to the respondent. He submits that, in the light of events stated in paragraph-4 of the affidavit in reply, averments of the applicant in respect of what had happened on the day on which Satyanarayan Pooja was performed, are not true and correct.
He submits that, in the light of events stated in paragraph-4 of the affidavit in reply, averments of the applicant in respect of what had happened on the day on which Satyanarayan Pooja was performed, are not true and correct. The learned Counsel appearing for the respondent, relying upon the affidavit in reply, submits that, the Court at Jalgaon is competent to try and decide the proceedings instituted by husband. Therefore, this Court may not entertain this application. 6. I have given careful consideration to the rival submissions. With the able assistance of the Counsel for the parties, perused the grounds taken in the application, annexures thereto, reply tendered across the bar by the Counsel for the respondent, the provisions of Hindu Marriage Act. Upon careful perusal of the averments either in the application or in the affidavit in reply, at least there is no dispute that, the distance from Aurangabad to Jalgaon is roughly around 150 kms. The applicant has made certain allegations in the application about treatment given by the respondent to the applicant and further medical tests carried out in the hospital at Jalgaon. The additional ground is also pleaded that, the applicant is taking education at Aurangabad. Though the Counsel appearing for the respondent submits that, only the Court at Jalgaon has jurisdiction to try the proceedings, the Supreme Court in the case of SumitaSingh vs. Kumar Sanjay reported in (2001) 10 S.C.C. 41) has taken a view that, in a proceedings instituted by the husband, the convenience of the wife should be looked at. 7. There are many grounds stated by the applicant in the application. Firstly, it is inconvenient for the applicant to travel from Aurangabad to Jalgaon to attend the proceedings instituted by the respondent husband at Jalgaon. Secondly, she is prosecuting her studies at Aurangabad and she apprehends trouble from the respondent in view of the events taken place with her in her matrimonial house after the marriage. Therefore, in my opinion, for the reasons aforesaid, the application deserves to be allowed. Accordingly, the application is allowed. 8. In that view of the matter, following order is passed:- (1) Misc. Civil Application is allowed in terms of prayer clause (A) and (B). (2) Hindu Marriage Petition No. 343 of 2012 pending before the Court of the Civil Judge, Senior Division, Jalgaon shall stand transferred to the Family Court, Aurangabad.
Accordingly, the application is allowed. 8. In that view of the matter, following order is passed:- (1) Misc. Civil Application is allowed in terms of prayer clause (A) and (B). (2) Hindu Marriage Petition No. 343 of 2012 pending before the Court of the Civil Judge, Senior Division, Jalgaon shall stand transferred to the Family Court, Aurangabad. (3) The Civil Judge, Senior Division, Jalgaon to take immediate steps to transfer the said proceedings to the Family Court, Aurangabad, within one week from the receipt of the copy of the order of this Court. (4) Rule made absolute on above terms. M.C.A. stands disposed of. Merely because this application is allowed will not preclude the parties from subjecting them for mediation for amicable settlement.