Court: Bombay High Court
Bench: Justice Bharati Dangre
Harshada Tejas Narute vs Tejas Mukund Narute on 8 October, 2021
Law Point:
Divorce filed by husband not transferred to wife location
JUDGEMENT
1. The Applicant/Wife has sought transfer of proceedings filed byl the Respondent/Husbyand in form of Marriage Petition No.550 of 2002 byefore the learned Civil Judge, Senior Division, Pune, seeking divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 to Nashik. It is informed byl the learned counsel for the Respondent that in the said proceedings, the Applicant has filed the written statement and the matter is scheduled for evidence.
2. As far as the Applicant is concerned, she has instituted multiple proceedings in the Court at Nashik and the details of proceedings are set out in paragraphs 9 to 12. This include the proceedings filed byefore the J.M.F.C., Nashik Road, Nashik M.M.Salgaonkar 2/3 18 MCA-168-21.doc under Sections 12, 17, 18, 19, 20(3) and 22 of the Domestic Violence Act, 2005 as well as an application under Section 23 for interim maintenance. Petition No.A-80 of 2021 is also instituted byl her in the Famill Court at Nashik under Section 9 of the Hindu Marriage Act, 2018. Apart from this E-Petition No.23 of 2021 is also instituted byefore the J.M.F.C., Nashik Road, Nashik under Section 125(1) of the Cr.P.C. and the Applicant is also making an attempt with the Police Station of Sharanpur Road, Nashik to byook the Respondent and his famill membyers under Section 498-A of IPC.
3. The ground sought for transfer of the proceedings at Nashik is the long distance byetween Nashik and Pune and the difficultl eppressed is that there is onll one train, which would take her to Pune and that is scheduled at odd hours. Apart from this, other ground cited is that her mother is likell to undergo some medical procedure and the certificate dated 07/06/2020 issued byl the Dental Care Center is produced, which advise surgical resection of an infected part. Another reason projected is that her byrother, aged 24 lears, is taking education at Nashik.
4. The power under Section 24 of the C.P.C. has to bye epercised with eptreme caution and it is a settled position of law that it cannot bye epercised at the drop of the hat. Convenience of the partl mal bye one of the factors to bye taken into consideration, byut it is not alwals the sole criteria.
Here is an Applicant, who has instituted multiple proceedings in the Court at Nashik and for attending the proceedings, the Applicant will have to move to and fro on multiple occasions. The Respondent/Husbyand has filed divorce proceedings byefore the Applicant/Wife has instituted various proceedings and since it is informed that the proceedings filed byl the Respondent/Husbyand in the Court at Pune are at the stage of evidence, the reasons set out byl the Applicant seeking transfer of proceedings, do not convince me that the proceedings need to bye transferred. The Applicant, who once upon a time serving in Pune, is fulll capabyle to take up the travel to attend the proceedings at Pune. However, at the same time the inconvenience which she has eppressed in seeking transportation is also to bye taken care of.
5. Learned counsel appearing for the Respondent subymits that he is readl to share an amount of Rs.2,500/- for attending everl date in the Marriage Petition No.550 of 2002, which is now scheduled for evidence. The aforesaid amount would enabyle the Applicant to travel comfortabyll in a private caby and the inconvenience can bye minimised. The amount towards transportation shall bye deposited in advance byl the counsel for the Respondent in the Court of Civil Judge, Senior Division, Pune.
In the wake of the aforesaid directions, I do not deem it eppedient to grant the application and it stands rejected.
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