2019 NearLaw (BombayHC Nagpur) Online 610
Bombay High Court

JUSTICE MRS. SWAPNA JOSHI

Sau. Preeti Bhalchandra Darudkar Vs. Shri Bhalchandra Pralhadrao Darudkar

MISC. CIVIL APPLICATION (TRANSFER) NO. 229 OF 2019

22nd April 2019

Petitioner Counsel: Mr. G. L. Agrawal
Respondent Counsel: None

Heard finally by consent of learned appointed Counsel for Applicant/Petitioner.
By this Application, the Applicant wife seeks transfer of Divorce Petition No A-890 of 2018 pending before the learned Family Court, Nagpur to the learned Family Court, Chandrapur.
The marriage between the Applicant and Respondent was solemnized as per Hindu rites and customs at Mahal, Nagpur.
Since there was dispute between the Applicant wife and Respondent husband, they were separated and the Applicant wife started residing at her parental home at Chandrapur.
In these circumstances, the learned appointed Counsel for the Applicant - wife submits that since the Applicant wife is residing at Chandrapur which is at a distance of approximately 150 Kms.
Considering the fact that Applicant wife is residing approximately 150 Kms away from Nagpur and she is unable to attend divorce proceedings filed by the Respondent husband at Nagpur as well as it is the settled position of law and the decision of the Hon'ble Apex Court in the case of Sumita Singh V/s Kumar Sanjay and another, reported in AIR 2002 SC 396, wherein it is observed that the wife's convenience must be considered in matrimonial proceedings, it would be just and proper to transfer Divorce Petition No A-890 of 2018 pending on the file of Family Court, Nagpur to the file of Family Court, Chandrapur.
Civil Application (Transfer) No 229 of 2019 stands allowed.
(B) The proceeding bearing Divorce Petition No A-890 of 2018 pending on the file of learned Family Court, Nagpur is transferred to the file of learned Family Court, Chandrapur.
(C) The professional fees of the learned Counsel appointed on behalf of the Appellant wife are quantified at Rs1500/- (One Thousand Five Hundred only).
There shall be no order as to costs.

Cases Cited :
Para 5: Sumita Singh Vs. Kumar Sanjay and another, reported in AIR 2002 SC 396

JUDGEMENT

1. Rule. Rule is made returnable forthwith. Heard finally by consent of learned appointed Counsel for Applicant/Petitioner.

2. By this Application, the Applicant – wife seeks transfer of Divorce Petition No. A-890 of 2018 pending before the learned Family Court, Nagpur to the learned Family Court, Chandrapur.

3. The marriage between the Applicant and Respondent was solemnized as per Hindu rites and customs at Mahal, Nagpur. Out of the said wedlock, the Applicant - wife is blessed with two daughters. Since there was dispute between the Applicant – wife and Respondent – husband, they were separated and the Applicant – wife started residing at her parental home at Chandrapur. At present the Applicant – wife is staying with her parents at Chandrapur. According to the Applicant – wife she is not in a position to maintain herself and she is solely taking care of her two minor daughters and she is not in a position to travel all along from Chandrapur with her two minor daughters to Nagpur to attend the divorce proceedings filed by the Respondent – husband.

4. In these circumstances, the learned appointed Counsel for the Applicant - wife submits that since the Applicant – wife is residing at Chandrapur which is at a distance of approximately 150 Kms. away, it is not possible for her to attend divorce proceedings filed at Nagpur.

5. Considering the fact that Applicant – wife is residing approximately 150 Kms away from Nagpur and she is unable to attend divorce proceedings filed by the Respondent – husband at Nagpur as well as it is the settled position of law and the decision of the Hon'ble Apex Court in the case of Sumita Singh V/s Kumar Sanjay and another, reported in AIR 2002 SC 396, wherein it is observed that the wife's convenience must be considered in matrimonial proceedings, it would be just and proper to transfer Divorce Petition No. A-890 of 2018 pending on the file of Family Court, Nagpur to the file of Family Court, Chandrapur.

6. In view of the facts and circumstances of the case, following order is passed.
ORDER
(A) The Misc. Civil Application (Transfer) No. 229 of 2019 stands allowed.
(B) The proceeding bearing Divorce Petition No. A-890 of 2018 pending on the file of learned Family Court, Nagpur is transferred to the file of learned Family Court, Chandrapur.
(C) The professional fees of the learned Counsel appointed on behalf of the Appellant – wife are quantified at Rs.1500/- (One Thousand Five Hundred only).

7. Rule is made absolute in aforesaid terms. There shall be no order as to costs.