Allowed

Sou. Gowri Suyog Mahajan v. Shri Suyog Chandrakant Mahajan

Bombay HC2 Apr 2014MCA/36/2014

Case brief

AI extract

What is this about?

The court allowed an application under Section 24 of the CPC transferring a Hindu Marriage Petition from Pune to Ahmednagar. The transfer was permitted because the respondent resided in Pune, satisfying Section 19(ii) of the Hindu Marriage Act, considering the applicant's residence in Ahmednagar.

What did the court decide?

Transfer of Hindu Marriage Petition No. 276 of 2013 from Civil Judge, Pune to Civil Judge, Ahmednagar.

Sou. Gowri Suyog Mahajan Vs Shri Suyog Chandrakant… — Matrimonial and Divorce | Bombay HC (2014)

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23.mca.36.14

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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MISCELLANEOUS CIVIL APPLICATION NO. 36 OF 2014

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Sou. Gowri Suyog Mahajan .. Applicant Vs. Shri Suyog Chandrakant Mahajan .. Respondent

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Mr.Vinayak H. Abhang, Advocate for the applicant. Mr. Lata D.Dhere, Advocate for the Respondent.

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CORAM : R.G.KETKAR, J. DATE : 02^nd April, 2014

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P.C. :

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. Heard Mr.Vinayak H.Abhang, learned Counsel for the applicant and Ms.Lata D.Dhere, learned Counsel for the respondent. Rule. Ms. Dhere waives service for respondent. At the request and by consent of the parties, rule is made returnable forthwith and the application is taken up for final hearing.

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By this application under section 24 of the Code of Civil Procedure, 1908 (for short 'C.P.C.'), the applicant has sought transfer of Hindu Marriage Petition No. 276 of 2013 filed by the respondent before the Court of Civil Judge, Senior Division, Pune to the Court of Civil Judge, Senior Division, Ahmednagar.

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Mr.Abhang submitted that the applicant has instituted proceedings being Criminal Application No. 70 of 2013 under section 12 of the Protection of Women from Domestic Violence Act, 2005 in

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the Court of Chief Judicial Magistrate, Ahmednagar. The said proceedings were instituted on 02/02/2013. He submitted that respondent has instituted proceedings under section 11 read with section 5 of the Hindu Marriage Act,1955 (for short 'Act') for declaration that marriage solemnized between the parties is null and void and it be so declared by the decree of nullity as it contravenes the conditions stipulated in section 5 of the Act. He invited my attention to the grounds in the application for transfer of marriage petition from the Court of Civil Judge, Senior Division, Pune to the Court of Civil Judge, Senior Division, Ahmednagar.

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On the other hand, Ms.Dhere opposed the application on the ground that marriage was solemnized in Pune. The petitioner is resident of Pune and the parties lastly resided at Pune. The present application is filed solely with a view to harassing the respondent. She, therefore, submitted that no case is made out for transfer of the proceeding.

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I have considered the rival submissions made by the learned Counsel appearing for the parties. I have also perused the material on record. The applicant has asserted that she has no source of income and she is living with her parents at their mercy. The mother of the applicant is infirm. There is no adult male member in the family as also the applicant is not in a position to bear the expenses of her travel from Ahmednagar to Pune for contesting the

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23.mca.36.14

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proceeding. She does not have any relative at Pune.

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No reply is filed opposing the application. Section 19 of

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the Act reads as under :

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Court to which petition shall be presented.-- Every petition under this Act shall be presented to the district Court within the local limits of whose ordinary original civil jurisdiction--

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(i) the marriage was solemnized, or

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(ii) the respondent, at the time of the presentation of the petition, resides, or (iii) the parties to the marriage last resided together, or [(iii-a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or] (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.]

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Having regard to clause (ii) of section 19, the petition can be instituted within the local limits of the Court where the respondent, at the time of presentation of the petition, resides. In the present case, the applicant is respondent in the petition instituted by the respondent. Applicant is residing at Ahmednagar. For the reasons stated in the application which are uncontroverted and in view of section 19(ii) of the Act, applicant has made out a case for transfer of petition from the Court of Civil Judge, Senior Division, Pune to the Court of Civil Judge, Senior Division, Ahmednagar.

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In view thereof, the application succeeds. Rule is made absolute in terms of prayer clause (a) with no order as to costs.

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(R.G.KETKAR)

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Sou. Gowri Suyog Mahajan v. Shri Suyog Chandrakant Mahajan

Case brief

What is this about?

What did the court decide?

Sou. Gowri Suyog Mahajan v. Shri Suyog Chandrakant Mahajan

Case brief

What is this about?

What did the court decide?

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