Allowed

Mrs. Sonali W/O. Girish Rakhe and Another v. Mr. Girish S/O. Ramesh Rakhe

Bombay HC15 Sept 2023MCA/396/2022

Case brief

AI extract

What is this about?

This short order allowed a transfer application under Section 24 CPC for a divorce petition pending in Nagpur to be moved to Panvel. The Court held that considering the wife's safety, financial dependence, and minor child, her convenience is the primary norm for transfer in matrimonial matters.

What did the court decide?

Divorce petition pending in Family Court Nagpur transferred to Court of Civil Judge Senior Division Panvel.

Mrs. Sonali W/O. Girish Rakhe and Another Vs Mr… — Matrimonial and Divorce | Bombay HC (2023)

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MCA 396-22.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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MISC. CIVIL APPLICATION NO. 396 OF 2022

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Sonali W/o Girish Rakhe and Anr....Applicants
V/s.
Girish S/o Ramesh Rakhe...Respondent

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Mr. Rajesh A. Tekale, Advocate for the Applicants.
None for the Respondent.

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CORAM:ABHAY AHUJA, J.
DATE:15th SEPTEMBER 2023
P.C.:

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1. This is an application filed by the wife under Section 24 of the Code of Civil Procedure, 1908 (the “CPC”) seeking to transfer the divorce petition filed by the respondent-husband from the Family Court, Nagpur to the Civil Judge, Senior Division, Panvel.

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2. Mr. Tekale, learned Counsel for the Applicant would submit that although respondent has been served, he has chosen to remain absent and also not represented. Learned Counsel draws the attention of this Court to the order dated 29^th August, 2023 and submits that the respondent was not represented on the

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MCA 396-22.doc

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earlier occasion as well and this Court has recorded that if the
respondent does not appear on the next date or is not represented,
this Court would hear the applicant and pass appropriate orders.
Learned Counsel would, therefore, urge this Court to hear the
application.

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3. Mr. Tekale, learned Counsel for the applicants would submit
that the marriage between the applicant and the respondent was
solemnized on 8th June, 2010 at Yavatmal. Since then the parties
stayed at Yavatmal. He would submit that on 8th October, 2011 a
son was born from their wedlock. That initially things were
normal. However, as time progressed the respondent-husband ill-
treated the applicant-wife and subjected her to regular assaults
between the years 2010 to 2021. The applicant was subjected to
mental and physical harassment at the hands of the respondent.
During this period between 28th March, 2021 and 30th March,
2021 the petitioner was grievously assaulted by the respondent-
husband with a cricket bat in front of his mother, father and son.
Learned Counsel would submit that during this period, the

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MCA 396-22.doc

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applicant and respondent first moved from Yavatmal to Thane and
during the Covid period the respondent shifted to Nagpur and on
2nd April, 2021 the applicant’s father shifted the applicant and her
son to the relatives in Nagpur considering danger to the life of the
applicant. On 4th April, 2021 the applicant was shifted to
Kharghar, Navi Mumbai, where she filed a criminal complaint at
Kharghar Police Station against the respondent for inflicting
physical assault on her with a cricket bat. Thereafter on 23rd
August, 2021, the applicant filed a petition under the Domestic
Violence Act seeking maintenance and protection against the
respondent before JMFC, Panvel. On 5th February, 2022 the
respondent filed a divorce petition at the Family Court, Nagpur.

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4.Mr. Tekale, would submit that on 28th April, 2022
respondent has appeared before the Panvel Court in the domestic
violence proceedings. Learned Counsel would also submit that
soon after the receipt of summons on 4th May, 2022 in the divorce
petition filed at Nagpur, this application for transfer of divorce
petition has been filed on 13th June, 2022.

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MCA 396-22.doc

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5. Learned Counsel would submit that the applicant-wife is
fully dependent on her parents having no financial source of her
own. That her son is a minor and whose needs of going to school
and his daily activities have to be taken care by the applicant. That
traveling from Kharghar to Nagpur is 810 km one way and it
would not be possible for her to travel to Nagpur with her minor
son with neither financial resources of her own nor any one else to
take care of her child. Learned Counsel would submit that
therefore it would not only be inconvenient for the applicant to
travel to Nagpur every time when the matter is listed but would
also cause undue hardship especially considering that she has
been physically assaulted several times by the respondent.
Learned Counsel would submit that there is a threat to the life of
the applicant and therefore this Court be pleased to transfer the
divorce petition pending in Nagpur to the Court of Civil Judge,
Senior Division at Panvel.

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6. The respondent as noted by earlier orders of this Court as well as today is neither present nor represented despite service.

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MCA 396-22.doc

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The submissions made on behalf of the applicant therefore remain
unchallenged. It is a settled law that while considering matters of
transfer under Section 24 of the CPC, the convenience of the wife
is the norm in the prevailing socio-economic paradigm of Indian
Society.

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7.The Hon’ble Supreme Court in the case of N.C.V. Aishwarya
Vs. A.S. Saravana Karthik Sha, SCC Online SC 1199 (2022) has
clearly held that considering the prevailing socio-economic
paradigm, it is the wife’s convenience that has to be seen.
Paragraph No. 9 of the said decision is usefully quoted as under :-

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“9.The cardinal principle for exercise of
power under Section 24 of the Code of Civil
Procedure is that the ends of justice should
demand the transfer of the suit, appeal or other
proceeding. In matrimonial matters, wherever
Courts are called upon to consider the plea of
transfer, the Courts have to take into
consideration the economic soundness of both the
parties, the social strata of the spousesand their
behavioral pattern, their standard of life prior to
the marriage and subsequent thereto and the
circumstances of both the parties in eking out
their livelihood and under whose protective
umbrella they are seeking their sustenance to like.
Given the prevailing socio-economic paradigm in
the Indian society, generally, it is the wife’s

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MCA 396-22.doc

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convenience which must be looked at while considering transfer.”

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(Emphasis Supplied)

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8. Having heard the learned Counsel and having perused the application, in the light of the aforesaid facts, this Court is inclined to allow the application. Let the divorce petition No. A-190 of 2022 pending in the Family Court No. 4 at Nagpur be transferred to the Court of Civil Judge, Senior Division at Panvel.

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9. Application is disposed of accordingly.

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(ABHAY AHUJA, J.)

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Mrs. Sonali W/O. Girish Rakhe and Another v. Mr. Girish S/O. Ramesh Rakhe

Case brief

What is this about?

What did the court decide?

Mrs. Sonali W/O. Girish Rakhe and Another v. Mr. Girish S/O. Ramesh Rakhe

Case brief

What is this about?

What did the court decide?

What the court decided

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