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2019 DIGILAW 235 (BOM)

Leena v. Ganesh

2019-01-28

ARUN D.UPADHYE

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JUDGMENT : ARUN D. UPADHYE, J. 1. Heard. Admit. Learned Counsel Mr. A.B. Bambal waives service of notice for the non-applicant. The Misc. Civil Application is heard finally with the consent of the learned Counsel for the parties. 2. The applicant has filed this Misc. Civil Application under Section 24 read with Section 151 of the Code of Civil Procedure for transfer of Petition No.A589/2017 from the Family Court No. 1 at Nagpur to the Court of Civil Judge Senior Division at Hinganghat. 3. The learned Counsel for the applicant has submitted that the applicant is residing with her parents at Hinganghat. She has filed proceedings under the provisions of the Protection of Women from Domestic Violence Act, 2005 before the Judicial Magistrate, First Class at Hinganghat. The non-applicant is attending the said proceedings. The applicant is having minor child of thee years old and therefore, it is difficult for her to attend the proceedings at Family Court, Nagpur, where the non-applicant has filed proceedings under Section 9 of the Hindu Marriage Act for Restitution of Conjugal Rights. The applicant is also in financial constraints to attend the same. The misc. civil application, therefore, be allowed. 4. The learned Counsel for the non-applicant has submitted that the applicant is regularly attending the criminal proceedings at Chandrapur, which are filed under Section 498A of the Indian Penal Code against the non-applicant. The distance between Hinganghat to Chandrapur is more than 100 kilometres and therefore, there is no difficulty for the applicant to attend the Court at Nagpur from Hinganghat, which is 65 kilometres away only. He also submitted that the applicant can file application for travelling expenses before the Family Court, Nagpur. No case is made out for transfer. He, therefore, prayed that the misc. civil application be rejected. 5. Considering the submissions of both sides, I have perused the misc. civil application. From perusal of the same, it appears that the marriage of the applicant was solemnized on 26.12.2013 at Hinganghat. After marriage the applicant was residing with her husband at Chandrapur, where he was working. Thereafter, she started living with her parents after dispute arose between them. The applicant has filed proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 against the non-applicant and the same is pending before the Judicial Magistrate, First Class, Hinganghat. The said application was filed by her on 11.11.2016. Thereafter, she started living with her parents after dispute arose between them. The applicant has filed proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 against the non-applicant and the same is pending before the Judicial Magistrate, First Class, Hinganghat. The said application was filed by her on 11.11.2016. As per the averments made in the application, the non-applicant has also filed proceedings under Section 9 of the Hindu Marriage Act for Restitution of Conjugal Rights, which are registered as Petition No. A589/2017 and the same is pending before the Family Court, Nagpur. 6. The submission put forth on behalf of the non-applicant that the applicant is already attending the Court at Chandrapur in the proceedings under Section 498A of the Indian Penal Code and therefore, there is no difficulty for her to attend the proceedings at Nagpur cannot be accepted. The case of the applicant at Chandrapur Court is initiated on police report and therefore, she is not required to attend the said proceedings regularly. Moreover, one proceeding filed by her is pending before the Judicial Magistrate, First Class at Hinganghat. The applicant is having three years old minor child and considering the financial constraints, it is convenient for her to attend the proceedings at Hinganghat. On the contrary, the non-applicant is a Junior Civil Engineer at Koradi and no inconvenience will cause to him in attending the proceedings at Hinganghat Court. The applicant has thus made out a case for transfer of the proceedings pending before the Family Court No. 1 at Nagpur to the Court of Civil Judge, Senior Division at Hinganghat. Hence, I Proceed to pass the following order. ORDER (i) Misc. Civil Application No. 1513/2017 is allowed. (ii) Petition No.A589/2017, Shri Ganesh S/o. Shravan Chikankar v. Sau. Leena w/o Ganesh Chikankar, pending before the Family Court No. 1, Nagpur stands transferred to the Court of Civil Judge, Senior Division, Hinganghat for disposal according to law. No order as to costs.