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2018 DIGILAW 1967 (BOM)

Sandhya Kishor Umale v. Kishor Anandrao Umale

2018-08-08

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 wife seeks transfer of Hindu Marriage Petition No. 512 of 2017 pending on the file of learned 12th Joint Civil Judge, Senior Division, Pune to the file of learned Civil Judge, Senior Division at Washim. 3. The applicant and the non-applicant were married on 17.01.2010 at Washim. Out of the said wedlock, they are blessed with a male child, who is 7 years old. For few days after the marriage the relations between the applicant and the non-applicant were cordial, however, the dispute arose between the parties due to the alleged ill treatment at the hands of the non-applicant. The applicant started residing at her parents place at Washim along with her 7 years old son. The applicant has filed the proceedings under the Domestic Violence Act in the Court of Chief Judicial Magistrate, Washim bearing MCC No. 43 of 2017 and the proceedings under section 125 of the Code of Criminal Procedure, 1973 bearing MCC No. 261 of 2017 in the learned Chief Judicial Magistrate''s Court at Washim. Whereas, the respondent has filed divorce petition bearing HMP No. 512 of 2017 in the Court of 12th Jt. Civil Judge Senior Division, Pune. 4. The learned counsel for the applicant contended that the applicant was serving at Pune, however she has resigned from her services on 15th November 2017 and now she stays along with her child at Washim. It is submitted that the applicant finds it difficult to attend the divorce proceedings at Pune which is at a distance of 500 km from Washim. 5. The learned counsel for the non-applicant/husband opposed the said application. He submitted that since the non-applicant is also serving at Pune it would be convenient for her to attend the divorce proceedings at Pune. 6. In view of the fact that the wife is residing at Washim along with her child aged about 7 years old and she finds it difficult to attend the divorce proceedings at Pune, it would be just and proper to transfer the divorce proceedings, bearing HMP No. 512 of 2017 from the Court of learned 12th Joint Civil Judge, Senior Division, Pune to the file of learned Civil Judge, Senior Division at Washim in the interest of justice. 7. 7. In view of the settled position of law and the decision of the Hon''ble Apex Court in case of Sumita Singh v. Kumar Sanjay and another, reported in AIR 2002 SC 396 , wherein it is observed that the wife''s convenience must be considered in matrimonial proceedings, particularly when the proceedings are filed by the husband, it would be just and proper to transfer Hindu Marriage Petition No. 512/2017 pending on the file of learned 12th Joint Civil Judge, Senior Division, Pune to the file of learned Civil Judge, Senior Division at Washim. In view of the facts and circumstances of the case, following order is passed : ORDER 1. The Misc. Civil Application no. 1185/2017 is allowed. 2. The proceeding bearing Hindu Marriage Petition No. 512/2017 pending on the file of learned 12th Joint Civil Judge, Senior Division, Pune shall stand transferred to the file of learned Civil Judge, Senior Division at Washim. 3. Rule is made absolute in aforesaid terms. There shall be no order as to costs.