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2013 DIGILAW 696 (BOM)

Bismillah w/o Mirza Muzahid Beg v. Mirza Muzahid Beg Aman Beg

2013-03-21

S.S.SHINDE

body2013
Judgment : Rule. Rule made returnable forthwith. With the consent of the parties, heard finally. 2. This Misc. Civil Application seeks transfer of Regular Civil Suit No. 53 of 2012 pending before the Court of the Civil Judge, Junior Division, Malegaon District Washim to the Court of 10th Joint Judicial Magistrate, First Class, 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 is legally wedded wife of the respondent. Their marriage was solemnized on 5th February, 2010 as per Muslim rites and customs at Aurangabad. Their marriage is still in existence. The couple has no issue out of the wedlock. It is further case of the applicant that, the respondent has harassed the applicant physically and mentally and without any reason, only on instigation of her mother in law. It is further case of the applicant that, the respondent has administered the poison in orange juice to the applicant. The applicant was hospitalized in hospital at Washim and Akola. The life of the applicant is in danger in the house of the respondent. The applicant returned to her parent's house in the month of July 2011. It is further case of the applicant that, the applicant has filed criminal complaint against the respondent and his family members under section 498A read with section 34 of the Indian Penal Code being Crime No. 180 of 2011 at Malegaon police station. She has also filed application under section 12 of the Protection of Woman from Domestic Violence Act, 2005 before the 10th Joint Judicial Magistrate, First Class, Aurangabad. Said proceedings are numbered as Criminal Misc. Application No. 1749 of 2011. The same application is pending before the said Court. 4. The respondent has filed R.C.S. No. 53 of 2012 before the Joint Civil Judge, Junior Division, Malegaon for restitution of conjugal rights. The applicant has received notice in the said suit. She appeared in the said suit. The said suit is pending and yet the applicant has not filed written statement. The case of the applicant is that, the distance from Malegaon to Aurangabad is approximately 200 kms. The applicant is Paradashin lady. The applicant has received notice in the said suit. She appeared in the said suit. The said suit is pending and yet the applicant has not filed written statement. The case of the applicant is that, the distance from Malegaon to Aurangabad is approximately 200 kms. The applicant is Paradashin lady. Since she was admitted in hospital due to poisoning, she is not keeping good health and it is inconvenient for her to travel at Malegaon from Aurangabad to attend the proceedings instituted by the respondent. Therefore, the applicant has sought transfer of the proceedings pending in the Court of the Civil Judge, Junior Division, Malegaon to the Court of 10th Joint Judicial Magistrate, First Class, Aurangabad. 5. The learned Counsel appearing for the applicant invited my attention to the grounds taken in the application and submitted that, it is inconvenient for the applicant to travel from Aurangabad to Malegaon since the distance is 200 kms., It is further submitted that, since poison was administered by respondent to the applicant, the applicant is not keeping good health and also there is danger to her life if she goes to Malegaon for attending the proceedings instituted by the respondent husband. Therefore, relying upon the averments in the application, grounds taken therein, the Counsel for the applicant submits that, the application may be allowed. 6. On the other hand, the learned Counsel appearing for the respondent submitted that, the Court at Malegaon District Washim had jurisdiction to try the proceedings instituted by the respondent-husband. The allegations made against the respondent are false and without any evidence. The proceedings pending at Aurangabad are criminal in nature and therefore, the proceedings instituted by the respondent cannot be clubbed with the proceedings instituted by the applicant at Aurangabad. Therefore, the Counsel for the respondent submits that, the application is devoid of any merits and same may be rejected. 7. I have given careful consideration to the rival submissions. Upon careful perusal of the grounds taken in the application and annexures thereto, in my opinion, the balance of convenience certainly lies in favour of the applicant. Firstly, it is not in dispute that, the distance between Aurangabad to Malegaon is approximately around 200 kms. 7. I have given careful consideration to the rival submissions. Upon careful perusal of the grounds taken in the application and annexures thereto, in my opinion, the balance of convenience certainly lies in favour of the applicant. Firstly, it is not in dispute that, the distance between Aurangabad to Malegaon is approximately around 200 kms. Apart from the distance, there is allegation that, the respondent husband administered poison through orange juice to the applicant and therefore, the applicant apprehends danger to her life if she travels to Malegaon. It is the contention of the applicant that, because of poison administered, she is not keeping good health and therefore, it is difficult to travel her from Aurangabad to Malegaon on each date fixed for hearing by the Court at Malegaon in the proceedings instituted by the respondent husband. Therefore, in my considered opinion, the proceedings pending at Malegaon instituted by respondent husband deserves to be transferred to the competent Court at Aurangabad. 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 against the wife, the convenience of the wife should be looked at. 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) Regular Civil Suit No. 53 of 2012 pending before the Court of the Civil Judge, Junior Division, Malegaon District Washim shall stand transferred to the Court of the 10th Joint Judicial Magistrate, First Class, Aurangabad. (3) The Civil Judge, Junior Division, Malegaon District Washim to take immediate steps to transfer the said proceedings to the Court of the 10th Joint Judicial Magistrate, First Class, Aurangabad, within one week from the receipt of the copy of the order of this Court. (4) Since the proceedings are arising out of matrimonial dispute, it is desirable that, the 10th Joint Judicial Magistrate, First Class, Aurangabad shall decide the proceedings, as expeditiously as possible, however within one year from today. The concerned Court shall not grant unnecessary adjournments to the parties unless there exists extraordinary circumstance for granting such adjournment. (5) Rule made absolute on above terms. M.C.A. stands disposed of.