This high court allowed a wife's application transferring matrimonial proceedings from Kalyan to the Family Court at Solapur due to mutual disability and distance.
Application allowed; proceedings transferred to Family Court at Solapur; wife undertook not to insist on respondent's appearance except for evidence.
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DDR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
MISC. CIVIL APPLICATION NO. 80 OF 2019
Shubhada Mahesh Deshmukh..Applicant
vs.
Mahesh Basavraj Deshmukh..Respondent
Ms. Rutuja Chakor i/b. Shri S.S. Thorat for applicant.
Shri Girish Paryani i/b. A & G. Legal Ass. For respondent.
CORAM : M.S.KARNIK, J.
DATE : 11th OCTOBER, 2019
P.C.:
Heard learned counsel for the applicant and learned
counsel for the respondent.
2.This is an application by the applicant wife for
transfer of the proceedings filed by the respondent husband
before the Civil Judge Senior Division, Kalyan to the Family
Court at Solapur. The respondent husband has filed marriage
Petition before the Civil Judge Senior Division, Kalyan for
restitution of conjugal rights. The marriage was solemnised on
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22nd February, 2014 at Solapur. As a result of some marital
discord parties started staying separately. The couple has a son
aged about 3 years. The son is staying with the applicant at
Solapur.
3.Learned counsel for the applicant submitted that it is
inconvenient for the applicant to travel Kalyan which is at a
distance of 400 kilo meters from Solapur. Morover, she has to
look after her son who is 3 years old. It is also submitted that
the applicant’s father is suffering from paralysis. The applicant
has filed the proceedings under the Protection of Women from
Domestic Violence Act, 2005 before the J.M.F.C., Solapur.
4.Learned counsel for the respondent stated that it will
be inconvenient for the respondent husband as well to attend
the proceedings at Solapur as he is suffering from Loco-motor
Disability and the diagnosis in his case report of Post Polio
Residual Paralysis due to which he is certified as 40% permanent
disabled in relation to his (part of body). In the affidavit in reply
it is stated that the respondent is suffering from Loco-motor
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disability and cannot carry out his personal activities without
any one’s help and also not financially stable. He has stated that
he is unemployed but will be bear the travelling expenses of the
applicant to travel from Solapur to Kalyan.
5.Heard. It is stated by learned counsel for the
applicant that the respondent has attended Solapur on a couple
of occasions. This an unfortunate case which would result in
inconvenience to both the parties. The respondent is suffering
from Loco-motor disability and needs help to travel. However,
considering that the applicant has a 3 years old son residing
with her and even her father is suffering from paralysis and
moreover, considering the distance between Kalyan and Solapur
which is stated to be 400 kilo meters, I propose to pass following
order :
ORDER
i.The application is allowed in terms of prayer
clause (a).
ii.The applicant undertakes not to insist for
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the appearance of the respondent except when his
presence is needed for recording of his evidence.
iii.Further the applicant undertakes not to apply
for adjournment when the respondent appears
before the Family Court.
iv.The Family Court is requested to decide the
proceedings expeditiously preferably within a period
of 1 year from today.
6.The application is allowed in terms of prayer clause
(a) and disposed of as such.
( M.S.KARNIK, J.)
Diksha Rane
Digitally signed by Diksha Rane Date: 2019.10.12 14:44:12 +0530
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Shubhada Mahesh Deshmukh
Mahesh Basavraj Deshmukh
M.S.KARNIK
As recorded by the court registry
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