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2018 DIGILAW 1876 (BOM)

Archana v. Chandu Vasudeorao Wanjare

2018-08-01

SWAPNA JOSHI

body2018
JUDGMENT Swapna Joshi, J. (Oral) - Rule. Rule is made returnable forthwith. Heard finally by consent of learned counsel appearing for respective parties. 2. By this Application, the applicant seeks transfer of HMP No.123/2017 , instituted by the respondent-non applicant seeking divorce, pending on the file of Civil Judge, Sr.Dn. Gondia to the Court of Civil Judge, Sr.Dn. Bhandara. 3. The marriage between the applicant and non-applicant was solemnized on 23.02.2003 as per the rituals and customs prevailing in Boudha (Hindu) religion. The couple was blessed with two children. Initially, the relationship between the parties was cordial. However, due to the disputes between the parties which arose in the year 2015, the applicant started residing at her parents'' house at Bhandara along with her children who are prosecuting their studies at Bhandara. The applicant has filed proceedings under section 9 of the Hindu Marriage Act for restitution of conjugal rights and the same are pending in the Court of Civil Judge Sr. Dn. Bhandara. The non-applicant has filed a divorce proceedings bearing HMP No.123/2017 in the Court of Civil Judge, Sr.Dn. Gondia. The applicant therefore prayed for transfer of HMP No.123/2017 filed by the nonapplicant to the the Court of Civil Judge, S.D. Bhandara. 4. The learned Advocate for applicant Mr. Pannase contended that the applicant has to take care of her children at Bhandara and,therefore it is difficult for her to attend the case pending in the Court of Civil Judge. Sr.Dn. at Gondia. 5. The learned counsel for the non-applicant vehemently opposed the said application. 6. Considering the rival contentions of the parties, I am of the considered opinion that since the wife is required to take care of her children at Bhandara and she is required to attend the proceedings for restitution of conjugal rights filed by her at Bhandara court, therefore, it would be just and proper to transfer the divorce proceedings filed by the husband to the Court at Bhandara. 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 a petition against her. In view of the facts and circumstances of the case, following order is passed:- ORDER i) The Misc. Civil Application No. 1383/2017 is allowed. In view of the facts and circumstances of the case, following order is passed:- ORDER i) The Misc. Civil Application No. 1383/2017 is allowed. ii) The proceedings bearing HMP No. 123/2017 pending on the file of the Civil Judge, Sr.Dn. Gondia stands transferred to the Court of Civil Judge S.D.Bhandara. iii) Rule is made absolute in aforesaid terms. There shall be no order as to costs.