The applicant, residing at Ahmednagar, applied for transfer of matrimonial proceedings from Pune to Newasa citing distance and safety. The court allowed the transfer for the wife's convenience.
Matrimonial dispute bearing PAN No.1121 of 2012 pending before Family Court, Pune, is transferred to the Court of Civil Judge, Senior Division, Newasa.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
MISC. CIVIL APPLICATION NO.81 OF 2013
Sou. Geeta w/o Umesh Kanade,
Age-25 years, Occu:Nil,
R/o-Antarwali,
Tq-Newasa, Dist-Ahmednagar.
...APPLICANT
VERSUS
Umesh s/o Tulshiram Kanade,
Age-30 years, Occu:Service,
R/o-Survey No.103, Near Ganpati Temple,
Gandhinagar, Yerwada, Pune,
Pune-411 006.
...RESPONDENT
...
Shri.H.D. Deshmukh Advocate for Applicant.
Shri.A.S. Doke Advocate for Respondent.
...
CORAM: A.I.S. CHEEMA, J.
DATE : 15TH JANUARY, 2014
ORAL ORDER :
1. Applicant wife has filed this Application
for transfer of matrimonial matter bearing P.A.N.
NO.1121 of 2012 pending at Family Court, Pune to
the Court of Civil Judge, Senior Division, Newasa,
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Dist-Ahmednagar.
2.The Applicant is residing at Antarwali,
Tq-Newasa, Dist-Ahmednagar with her father due to
matrimonial disputes. It has been submitted on
behalf of the Applicant that she had filed
proceedings for maintenance, under Section 125 of
Code of Criminal Procedure at Newasa and the same
have been granted in favour of the Applicant. She
has filed another Hindu Marriage Petition No.77 of
2012 for restitution of the conjugal rights, at
Newasa, which is also pending. According to the
Applicant, now the Respondent has filed Hindu
Marriage Petition for divorce, at Pune. It is
submitted by the Applicant that in the earlier
proceedings the Respondent attended the same at
Newasa. According to learned counsel for the
Applicant, the Applicant being a young lady, she
is required to travel from Antarwali to Pune. She
would not be in a position to defend herself, as
the distance between Antarwali to Pune is about
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200 K.M.s and the Applicant being lady would have
various difficulties.
3.Against this, the learned counsel for
Respondent is opposing the Application. His plea
is that the Respondent is afraid that if the
divorce proceedings are transferred to Newasa and
if he has to attend the same there, he would be
facing risk of physical harm.
4.The learned counsel for Applicant submits
that in the earlier two matters, the Respondent
appeared at Newasa and has contested the matters
there and so there is no basis for the alleged
apprehension of physical harm.
5.Having considered the Application and
rival contentions, I find that the convenience of
the wife would be material. For the young lady to
travel from Antarwali, Dist-Ahmednagar to Pune she
would require escort and it would be more
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appropriate if the proceedings are transferred to
Newasa.
6.In the result, the Application is
allowed. Matrimonial dispute bearing PAN No.1121
of 2012 pending before the Family Court, Pune
between the parties, is transferred to the Court
of Civil Judge, Senior Division Newasa, Dist-
Ahmednagar, for disposal according to law.
.The Family Court at Pune to transmit the
said matrimonial proceedings urgently to the Court
at Newasa. The parties are directed to appear
before the Court of Civil Judge, Senior Division,
Newasa at 11.00 a.m. on 20th February, 2014.
.This Misc. Civil Application is disposed
of.
[A.I.S.CHEEMA,J.]
asb/JAN14
1 issue framed by the court
Whether a matrimonial petition pending at Family Court, Pune should be transferred to the Court of Civil Judge, Newasa given the distance and safety concerns of the wife residing at Newasa.
Sou. Geeta w/o Umesh Kanade
Umesh s/o Tulshiram Kanade
A.I.S. CHEEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court