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2023 DIGILAW 14 (BOM)

Vishal Manik v. Sau. Puja Vishal

2023-01-02

G.A.SANAP

body2023
JUDGMENT 1. Admit. Heard finally by consent of learned Advocates for the parties. 2. These three applications are between the same parties and therefore can be disposed of by this common order. 3. The Criminal Application No.86/2021 is filed by husband seeking transfer of PWDVA Application No.07/2021 filed by wife and pending before learned Judicial Magistrate First Class, Manora, District Washim to the Court of Judicial Magistrate First Class, Nagpur. MCA (Transfer) No.309/2021 is filed by wife seeking transfer of divorce proceeding i.e. HMP Petition No.261/2020 pending before Family Court at Nagpur to the competent Court at Mangrulpir, District Washim. MCA (Transfer) No.212/2022 is filed by applicant-husband seeking transfer of restitution proceedings i.e. Marriage Petition No.67/2021 filed by wife in the competent Court at Mangrulpir District Washim to the competent Court at Nagpur. 4. The husband is working at Seattle, United States of America. For attending the Court matters at Mangrulpir and Manora, he has to travel all the way from Seattle USA to Nagpur and from Nagpur to Mangrulpir and Manora. It is stated that in D.V. Act proceedings, all his family members, who are residing at Nagpur have been arrayed as non-applicants. It is stated that wife would alone be required to attend the proceedings at Nagpur. He is ready to bear the travelling charges of the wife to attend the Court. It is therefore, submitted that considering inconvenience likely to be caused to the husband, the proceedings pending at Manora as well as Mangrulpir may be transferred to the Court of competent jurisdiction at Nagpur. 5. The wife has opposed the application. She has reiterated the facts stated by her in her application for transfer bearing MCA No.309/2021. The wife has narrated the incident of ill treatment and harassment to her. According to the wife, proceeding initiated at Nagpur is malafide. She is residing at Poharadevi, Taluka Manora District Washim, which is around 450 k.m. from Nagpur. It is stated that she is having 3 1/2 years old son. She finds it very difficult to travel to Nagpur. The distance between Mangrulpir and Poharadevi is 35 k.m. She can conveniently attend the Court at Mangrulpir. The distance between Manora and Mangrulpir is 32 k.m. 6. I have heard learned Advocates for the parties and perused the record and proceedings. 7. She finds it very difficult to travel to Nagpur. The distance between Mangrulpir and Poharadevi is 35 k.m. She can conveniently attend the Court at Mangrulpir. The distance between Manora and Mangrulpir is 32 k.m. 6. I have heard learned Advocates for the parties and perused the record and proceedings. 7. Learned Advocate for the husband submitted that husband is ready to pay Rs.10, 000.00 towards expenses for every appearance of the wife before the Court at Nagpur, if this Court is inclined to transfer the proceedings pending at Manora and Mangrulpir to Nagpur. Learned Advocate submitted that the convenience of the husband and the family members of the husband is required to be considered. It is submitted that as and when the husband is required to attend the Court proceedings, he is required to first come to Nagpur and from Nagpur to go to Mangrulpir and Manora. 8. Learned Advocate for the wife submits that inconvenience caused to wife to attend Nagpur is more than the inconvenience sought to be placed on record by husband. Learned Advocate submits that criminal prosecution under Sec. 498 A of the Indian Penal Code is pending against the husband and other relatives in the Court of Judicial Magistrate First Class at Manora. Learned Advocate submits that travelling to Nagpur with 3 1/2 years child would be most inconvenient. Learned Advocate submits that wife alone would not be able to travel to Nagpur. She would always be required to carry one male family member with her. 9. In order to appreciate the inconvenience sought to be asserted by both the parties. I have minutely perused the record and proceedings. It is to be noted that Mangrulpir is directly connected to Nagpur via Samruddhi High Way. One can hardly reach Mangrulpir from Nagpur by road within 2 1/2 hours. Manora is at the distance of 32 km from Mangrulpir. One has to come to Nagpur from Manora via Digrus, Yavatmal and Wardha. In my view, the inconvenience caused to the wife would be more in comparison with the inconvenience likely to be caused to the husband and his family members. The husband is not attending the Court on every date. He would be required to attend the Court at the stage of final hearing. In a D.V. Act proceedings, non applicants are not required to attend the Court everyday. The husband is not attending the Court on every date. He would be required to attend the Court at the stage of final hearing. In a D.V. Act proceedings, non applicants are not required to attend the Court everyday. The persons, who are supposed to give evidence are required to attend the Court on the date of evidence. As far as the attendance of Court is concerned, the same may be the position with the wife. Therefore, in my view, on doing comparative assessment of the inconvenience likely to be caused to the parties, the case of the wife would be on better footing than the case of husband. Inconvenience caused to wife would be more in comparison with the inconvenience caused to the husband. 10. In my view, therefore, all the pending proceedings can be transferred to Mangrulpir. The D.V. Act proceedings initiated by the wife which is pending at Manora can be transferred to Mangrulpir. Similarly, the divorce petition filed by the husband in the Family Court at Nagpur can be transferred to Civil Judge, Senior Division at Mangrulpir, where the petition for restitution of conjugal rights filed by the wife is pending. In order to avoid unnecessary harassment to the parties, the Court at Mangrulpir can be directed to give one and same date in all the matters. With this, I proceed to pass following order:- ORDER (i) The application filed by the wife bearing MCA No.309/2021 is allowed. The applications being Criminal Application No.86/2021 and MCA (Tr.) No.212/2022 filed by the husband are rejected. (ii) HMP Petition No.261/2020 which is pending on the file of Family Court, at Nagpur is withdrawn and transferred to the Court of Civil Judge, Senior Division Mangrulpir, District Washim. (iii) PWDVA Application No.07/2021 pending on the file of Judicial Magistrate First Class, Manora District Washim is withdrawn and transferred to the Court of Judicial Magistrate First Class at Mangrulpir, District Washim. (iv) The Presiding Officers of the above Courts shall see that all the matters are kept on one and same date. The parties shall inform the concerned Court appropriately. 11. All applications disposed of accordingly in above terms.