Allowed

Ujjwala Pankaj Sonawane v. Pankaj Vilas Sonawane

Bombay HC1 Mar 2019MCA/22/2019

Case brief

AI extract

What is this about?

The High Court allowed an application to transfer a marriage petition from Baramati to Sangamner. The court held that since the respondent attends proceedings at Sangamner while the petitioner, an orphan, resides in the latter town, transfer avoids greater hardship for the petitioner.

What did the court decide?

Transfer of Marriage Petition No. 164/2018 from Civil Judge Senior Division Baramati to Civil Judge Senior Division Sangamner.

Ujjwala Pankaj Sonawane Vs Pankaj Vilas Sonawane — Civil Procedure and Limitation | Bombay HC (2019)

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948-mca-22-19.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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MISC.CIVIL APPLICATION NO. 22 OF 2019

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UJJWALA PANKAJ SONAWANE VERSUS

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PANKAJ VILAS SONAWANE

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Advocate for the Applicant : Shri K. N. Shermale Advocate for the Respondent - sole : Shri D. G. Nagode

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CORAM : RAVINDRA V. GHUGE, J.

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DATED : 1^st MARCH, 2019.

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PER COURT :

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The applicant wife has served the respondent, who has caused an appearance in the Court.

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The applicant submits that after her marriage was solemnized on 16/12/2012, she was treated badly and finally had to leave her marital home. The respondent husband has initiated Marriage Petition No. 164/2018 before the learned Civil Judge Senior Division Baramati. The applicant has initiated about four proceedings at Sangamner and the respondent husband attends the said proceedings.

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It is further submitted that she was driven out of her marital home on 20/09/2018 and her son, who is about 3 years old was forcibly taken into custody by the respondent husband. Since the applicant is an orphan, she is residing with her relatives who are aged, at Sangamner. It would be extremely difficult for her to travel to Baramati alongwith an adult member of her family and attend the proceedings initiated by her husband. Instead, since the husband attends four proceedings at Sangamner, this matter could be transferred to Sangamner and all the matters could be posted on common dates for the convenience of the husband.

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Reliance is placed upon the following judgments :

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(i) Vennangot Anuradha Samir Vs. Vennangot Mohandas Samir [2016 (1) Bom.C.R.250],

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(ii) Soma Choudhury Vs. Gourab Choudhaaury [(2004) 13 SCC 462],

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(iii) Anjali Ashok Sadhwani Vs. Ashok Kishinchand Sadhwani [AIR 2009 SC 1374],

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(iv) Vaishali Sridhar Jagtap Vs. Shridhar Vishwanath Jagtap [AIR 2016 SC 3584],

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(v) Sayali Swapnil Kuber Vs.Swapni Harischandra

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Kuber [2014 (1) Mh.L.J. 584],

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(vi) Nilima Vs. Pavansingh [2011 (4) Mh.L.R. 537],

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(vii) Sushila Nitin Rajure Vs. Nitin Marotiappa Rajure (MCA No.184 of 2017 Aurangabad Bench, dated 9.1.2018].

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The learned Advocate for the respondent husband has opposed this application. He submits that the applicant was not illtreated. She is filing proceedings against the husband and his relatives only to harass them. She is misusing Section 24 of the Code of Civil Procedure for seeking such a transfer. The distance between Baramati and Sangamner is not too large.

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I find that the law in such matters is crystallized by various judicial pronouncement. Comparative hardships and inconvenience amongst the litigating sides has to be taken into account. If the husband can assign such reasons which would indicate that it would be impossible for him to attending the proceedings at the place of choice of the wife, then the case could be looked at differently.

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In the instant case, the husband is already attending

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948-mca-22-19.odt

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Court proceedings (4) at Sangamner. It would not be in anybody's interest to compel the applicant, who is an orphan, to travel to Baramati in one proceeding, when the husband attends court proceedings at Sangamner. The applicant wife would suffer greater hardships and inconvenience.

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In view of the above, this application is allowed. Marriage Petition No. 164/2018 shall be transferred from the Court of the learned Civil Judge Senior Division, Baramati to the Court of the learned Civil Judge Senior Division, Sangamner.

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Since the other matters are posted at Sangamner on 16/03/2019, the litigating sides would appear in the transferred proceedings on the same date at Sangamner. It would be open to the husband to request all the Courts at Sangamner dealing with the cases, to post all these matters on common dates so that the husband would attend the proceedings in such common visits.

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(RAVINDRA V. GHUGE, J.)

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shp/-

Ujjwala Pankaj Sonawane v. Pankaj Vilas Sonawane

Case brief

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Ujjwala Pankaj Sonawane v. Pankaj Vilas Sonawane

Case brief

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