Sonali Chetan Godbole vs Chetan Vijaykumar Godbole — Matrimonial and Divorce | Bombay HC (2024)

Sonali Chetan Godbole vs Chetan Vijaykumar Godbole — Matrimonial and Divorce | Bombay HC (2024)

What the court decided

AI extract

Outcome

Transfer of the proceedings under Section 9 of the Hindu Marriage Act initiated by the Respondent-Husband at Kolhapur to Pune, in terms of prayer clause (a), subject to conditions: no unnecessary adjournments by the Applicant-Wife (advance intimation if sought), common dates in both proceedings as far as possible, and permission for the Respondent-Husband to appear through Video Conferencing before the Pune court whenever possible.

Issue for consideration

Whether the proceedings initiated by the Respondent-Husband under Section 9 of the Hindu Marriage Act pending at Kolhapur should be transferred to Pune, considering the convenience of the Applicant-Wife, who has custody of the five-year-old son and whose divorce proceedings the Respondent-Husband already attends at Pune.

Court's answer

The transfer application is allowed in terms of prayer clause (a), i.e., the Respondent-Husband's Section 9 Hindu Marriage Act proceedings at Kolhapur are transferred to Pune, on consideration of the Applicant-Wife's convenience, her custody of the five-year-old son, and the fact that the Respondent-Husband already attends the divorce proceedings at Pune.

Ratio / Principle

On transfer, the Applicant-Wife is directed not to seek unnecessary adjournments in the proceedings initiated by the Respondent-Husband, to avoid inconvenience to him.

Key takeaways

In any event, if the Applicant-Wife seeks an adjournment in the transferred proceedings, she should inform the Respondent-Husband well in advance.ratio¶24
As far as possible, common dates are to be taken in both the transferred proceedings and the Pune divorce proceedings, and the Court at Pune is to permit the Respondent-Husband, whenever possible, to appear through Video Conferencing.ratio¶24

Detailed headnote1 paragraphs

Bombay High Court (Arun R. Pedneker, J.), Miscellaneous Civil Application No. 63 of 2024, decided 13th June 2024: Application by the wife allowed in terms of prayer clause (a) transferring the husband's Section 9 Hindu Marriage Act proceedings pending at Kolhapur to Pune, considering her convenience, her custody of the five-year-old son, and that the husband already attends the wife's divorce proceedings at Pune. Transfer made subject to conditions: the wife not to seek unnecessary adjournments (informing the husband in advance if she does), common dates to be fixed in both proceedings as far as possible, and the Pune court to permit the husband to appear through Video Conferencing whenever possible.

43-MCA-63-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

MISCELLANEOUS CIVIL APPLICATION NO.63 OF 2024

Sonali Chetan Godbole …. Applicant

V/s. Chetan Vijaykumar Godbole …. Respondent

Mr.Vaibhav V. Ugle a/w Mr.Vikas Somawanshi, Mr.Roshan Chavan, for the Applicant. Mr.Avinash Tadlapurkar, for the Respondent.

CORAM : ARUN R. PEDNEKER, J.

DATE : 13^th JUNE 2024

Digitally signed NILAM by NILAM SANTOSH SANTOSHKAMBLE KAMBLE Date: 2024.06.18 10:47:50 +0530

P.C:-

. Heard learned counsel for the parties.

The present Application is filed by the Applicant-

Wife seeking transfer of the proceedings initiated by the

Respondent-Husband under Section 9 of the Hindu Marriage Act at Kolhapur.

The learned counsel for the Applicant submits that

the Applicant married with Respondent-Husband on 22nd August 2016 and that she has custody of the five years old son,

N.S. Kamble page 1 of 3

43-MCA-63-2024.doc

born out of the said wedlock. Due to certain matrimonial dispute the wife is now residing with her parents at Pune and that she has also initiated Divorce proceedings at Pune. The learned counsel further submit that it would be inconvenient for the wife to attend the proceedings at Kolhapur initiated by the Respondenthusband and the Respondent-Husband is already attending the Court proceedings initiated by the Applicant-Wife at Pune. As such, the proceedings initiated by the Respondent-Husband be transferred at Pune.

Per contra, the learned counsel for the RespondentHusband submits that the wife is well qualified and she can attend the said proceedings at Kolhapur.

Considering the convenience of the Applicant-Wife and more particularly that she has custody of the 5 years old son and that the Respondent-Husband is already attending the Divorce proceedings at Pune, the Application is allowed in terms of prayer Clause (a). However, it is further directed that on such transfer of proceedings the Applicant-Wife would not seek unnecessary adjournment in the proceedings initiated by the

N.S. Kamble page 2 of 3

43-MCA-63-2024.doc

Respondent-Husband to avoid inconvenience to the RespondentHusband. In any event, she seeks adjournment she should inform the husband well in advance. It is further directed that asfar as possible the common dates be taken in both these proceedings, so also the Court at Pune to permit the RespondentHusband whenever possible to appear through Video Conferencing.

With the above direction the Application is allowed and disposed of.

(ARUN R. PEDNEKER, J.)

N.S. Kamble page 3 of 3