Sharda Vaibhav Karandikar v. Vaibhav Kiran Karandikar
2015-07-23
A.P.BHANGALE
body2015
DigiLaw.ai
JUDGMENT : 1. Heard learned counsel for both the parties. 2. Rule. Rule made returnable forthwith and heard finally by consent of the learned counsel for the rival parties. 3. By this application, the applicant-wife seeks transfer of HMP No.281 of 2014, filed by the respondent-husband for restitution of conjugal rights, pending before learned Civil Judge Senior Division at Akola to learned Civil Judge Senior Division at Darwha, District Yavatmal. 4. Learned counsel for the applicant-wife submits that for some day, after the marriage was solemnized between applicant-wife and the non-applicant-husband, the non-applicant-husband and his parents used to behave properly with her. Thereafter, since non-applicant-husband and his parents started harassing applicant-wife on account of dowry, she had come to her parents and is residing with them. Learned counsel further submits that the applicant-wife is ready and willing to cohabit with her husband provided that the non-applicant-husband files an undertaking before the Court below stating therein that henceforth, on any count, non-applicant-husband/his parents shall not harass the applicant-wife in future mentally and physically. Learned counsel further submits that as the applicant-wife is to look after her one and half year old child, it would be unable to travel up and down from Digras to Akola, a distance of about 150 kilometers, to attend the proceedings. Hence, learned counsel prays for transfer of the proceedings from Akola to Darwha, District Yavatmal. 5. Learned counsel for the respondent-husband vehemently opposes the application for transfer of HMP proceedings from learned Civil Judge Senior Division at Akola to learned Civil Judge Senior Division at Darwha, District Yavatmal. 6. Having heard the submissions made by the parties, I find that it is the wife's convenience in the facts and circumstances, must be looked at. The circumstances indicated above are sufficient to make the transfer application absolute. In the result, this Court passes the following order : ORDER 1) Misc. Civil Application No.1265 of 2014 is allowed. 2) HMP No.281 of 2014 pending before learned Civil Judge Senior Division at Akola stands transferred to learned Civil Judge Senior Division at Darwha, District Yavatmal. 3) The non-applicant-husband shall file an undertaking before the Court below stating therein that henceforth, on any count, non-applicant-husband/ his parents would not harass the applicant-wife in future mentally or physically 4) No order as to costs.
3) The non-applicant-husband shall file an undertaking before the Court below stating therein that henceforth, on any count, non-applicant-husband/ his parents would not harass the applicant-wife in future mentally or physically 4) No order as to costs. 5) It is made clear that if the aforesaid undertaking, as desired by the applicant-wife, is filed by the non-applicant-husband, it would not mean that the non-applicant-husband used to harass or trouble the applicant-wife as it is matter to be decided upon legal evidence led in a trial Court. The application is disposed of accordingly.