2019 NearLaw (BombayHC Nagpur) Online 611
Bombay High Court

JUSTICE MRS. SWAPNA JOSHI

Sau. Kshitija @ Magret w/o Sanjay Maghade Vs. Sanjay s/o Madhukarrao Maghade

MISCELLANEOUS CIVIL APPLICATION (TR) NO. 298/2018

23rd April 2019

Petitioner Counsel: Shri S.A. Mohta
Respondent Counsel: Shri M.P. Kariya

Heard finally by consent of learned counsel appearing for respective parties.
By this Application, the applicant seeks transfer of Petition bearing Spl.MP No 07/2017 instituted by the respondent-non applicant, pending on the file of District Judge-2, Yavatmal to Family Court at Akola.
The elder son, aged about 13-years, is mentally challenged, whereas the younger son is studying in IXth standard at Adarsha Vidyalaya, Akola.
He further submits that the wife is working as a Nurse at Akola, whereas the respondent-husband is serving in Forest Department at Yavatmal.
He submitted that since the respondent has filed divorce petition bearing Special MP No 07/2017 in District Court at Yavatmal, the applicant finds it difficult to attend the said proceeding at Yavatmal, she being a working woman and has to take care of her family at Akola.
Shri MPKariya, learned counsel for the respondent has opposed the said application, stating that since the husband is working at Forest Department, Yavatmal, it would be cumbersome to attend the proceedings at Family Court, Akola.
After hearing both sides and considering the fact that the wife is working woman and she has to look after her children at Akola, in the interest of justice, it would be just and proper to transfer the divorce proceeding at Family Court, Akola.
The Honble Apex Court in the case of Sumita Singh vs Kumar Sanjay and another, reported in AIR 2002 SC 396 has observed that the wifes convenience must be considered in matrimonial proceedings, particularly when the husband has filed the petition against her.
MP No 07/2017 pending on the file of the District Judge, Yavatmal stands transferred to the Family Court at Akola.
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 counsel appearing for respective parties.

2. By this Application, the applicant seeks transfer of Petition bearing Spl.M.P. No. 07/2017 instituted by the respondent-non applicant, pending on the file of District Judge-2, Yavatmal to Family Court at Akola.

3. Shri S.A. Mohta, learned counsel for the applicant submits that parties to this proceeding belong to Christian community. The applicant got married with the respondent on 12.01.2001. Out of the said wedlock, they have two children. The elder son, aged about 13-years, is mentally challenged, whereas the younger son is studying in IXth standard at Adarsha Vidyalaya, Akola. He further submits that the wife is working as a Nurse at Akola, whereas the respondent-husband is serving in Forest Department at Yavatmal. He submitted that since the respondent has filed divorce petition bearing Special M.P. No. 07/2017 in District Court at Yavatmal, the applicant finds it difficult to attend the said proceeding at Yavatmal, she being a working woman and has to take care of her family at Akola.

4. Shri M.P.Kariya, learned counsel for the respondent has opposed the said application, stating that since the husband is working at Forest Department, Yavatmal, it would be cumbersome to attend the proceedings at Family Court, Akola.

5. After hearing both sides and considering the fact that the wife is working woman and she has to look after her children at Akola, in the interest of justice, it would be just and proper to transfer the divorce proceeding at Family Court, Akola. The Hon’ble Apex Court in the case of Sumita Singh vs. Kumar Sanjay and another, reported in AIR 2002 SC 396 has observed that the wife’s convenience must be considered in matrimonial proceedings, particularly when the husband has filed the petition against her. In view of the facts and circumstances of the case, following order is passed:-
ORDER
i) The Misc. Civil Application No.298/2018 is allowed.
ii) The proceedings bearing Spl. M.P. No. 07/2017 pending on the file of the District Judge, Yavatmal stands transferred to the Family Court at Akola.
iii) Rule is made absolute in aforesaid terms. There shall be no order as to costs.