Shilpa Mohan Shukla vs Mohan Manik Shukla

By the present application, the applicant-wife prays for transfer of matrimonial proceeding bearing No. 190 of 2025, filed by the non applicant, pending on the file of learned Civil Judge Senior Division, Indapur, District Pune to the file of learned Civil Judge Senior Division, Majalgaon, District Beed.

¶14

It is the contention of the applicant-wife that on 28.01.2012, her marriage was solemnized with the non applicant at Dharur, Tq. Dharur, Dist. Beed, according to customs and rites prevailing in their society and out of said wedlock, they are blessed with a male child

¶15

2

¶16

949mca308 ( 2 ) .25

¶17

namely Viraj, aged about 11 years. However, time and again she was illtreated at the hands of the non applicant and his family members. Thereafter, she was driven out of matrimonial house by the non applicants. Therefore, on 19.06.2014, she filed a complaint bearing no 43 of 2014, before the Judicial Magistrate First Class, Dharur, against the non applicant and his family members. However, non applicant with an ulterior motive has filed a Petition No. 190 of 2025 seeking a decree of divorce before the learned Civil Judge Senior Division, Indapur, District Pune.

¶18

The distance between Pune and Beed is about 400 k.m. Therefore, the applicant-wife is facing inconvenience to travel from Beed to Pune along with minor son and she is also facing financial crisis and is unable to incur expenses of herself and minor child. However, if she attends the proceeding at Pune, in that event she would face lodging and boarding problem.

¶19

The non applicant inspite of service has not resisted the present application for transfer.

¶20

The learned counsel for the applicant relied on the case of NCV Aishwarya Vs. A.S. Sarvana Karthik Sha -2022, SCC Online SC 1199, wherein, it has been held that,

¶21

“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,

¶22

3

¶23

949mca308 ( 2 ) .25

¶24

the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural 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 life. Given the prevailing socio- economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer. ”

¶25

Therefore, considering the above cited case, it would be just and proper to withdraw the petition bearing No. 190 of 2025 filed by the non applicant, which is pending on the file of learned Civil Judge Senior Division, Indapur, District Pune and transfer it to the file of learned Civil Judge Senior Division, Majalgaon, District Beed.

¶26

In view of the above discussion, the present application is allowed.

¶27

The petition No. 190 of 2025 filed by the non applicant which is pending on the file of learned Civil Judge Senior Division, Indapur, District Pune is hereby withdrawn and transferred to the file of learned Civil Judge Senior Division, Majalgaon, District Beed for trial and decision in accordance with the law.

¶28

This order be communicated to both the Courts.

¶29

( Y.G. KHOBRAGADE, J.)

¶30

mahajansb/

Shilpa Mohan Shukla v. Mohan Manik Shukla

Case brief

What is this about?

What did the court decide?

Shilpa Mohan Shukla v. Mohan Manik Shukla

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Sachin Arun Pansare vs Priyanka Sachin Pansare

Smt. Usha W/O. Sanjay Mandewad and Ors. vs Smt. Shobha W/O. Sanjay Madewad and Ors.

Dattatray Haribhau Shevale vs Smt. Sunita Datta Kamble and Ors.

Afreen Asif Shaikh vs Asif Mansoor Sheikh

Saadiya Rafiq Yakub Shaikh vs Rafiq Yakub Shaikh

Manager United India Insurance Co. Ltd. vs Shantabai Vitthal Pawar and others