Kavita Pravin Khandagale And ORS. v. Mr. Pravin Sukdeo Khandagale

ppn 1 907.mca-79.13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.79 OF 2013 Kavita Pravin Khandagale & Ors.

..

Applicants Vs.

Pravin Sukdeo Khandagale ..

Respondent --- Mr.Nilesh Kalantri for the applicants.

Mr.Indrajeet Kulkarni for the respondent.

--- CORAM : R.D. DHANUKA, J.

DATE : 2nd March 2016 P.C.

.

By this miscellaneous civil application filed under Section 24 of the Code of Civil Procedure, 1908, the applicant no.1 wife has prayed for transfer of the Marriage Petition No.20 of 2012 filed by the respondent husband in the Court of Civil Judge, Senior Division, Palghar, Thane to the Family Court, Nashik Road, Nashik. 2.

The applicant no.1 and the respondent were married on 17th May 1998 at Makhamalabad, Panchavati, Nashik. The applicant nos.2 and 3 are the daughters begotten out of the said wedlock. The applicant no.2 is 16 year old and the applicant no.3 is around 15 year old now. The applicant no.1 has been admittedly staying with parents at Nashik and is unemployed. The applicant no.1 has already filed proceedings under the provisions of the Domestic Violence Act, 2005 at Nashik. Summons in respect of those proceedings has not yet been served upon the respondent.

3.

This Court has already granted ad-interim stay of the proceedings as far back as on 9th May 2013 and since then the ad-interim

ppn 2 907.mca-79.13.doc order is in force till today. No affidavit-in-reply is filed by the respondent though served. Maintenance being paid to all the three applicants as on today is only Rs.5,500/- per month.

4.

I have perused the miscellaneous civil application and heard the learned counsel appearing for the applicants at length. 5.

The applicant no.1 along with her children are already staying with her parents since 2008 onwards at Nashik. The applicant no.1 has made out a case for transfer of the Marriage Petition No.20 of 2012 filed by the respondent.

6.

The Supreme Court as well as this Court in catena of decisions has taken a consistent view that while considering the application under section 24 of the Code of Civil Procedure, 1908, the Court has to consider the convenience of the wife in addition to the other related factors.

7.

Miscellaneous civil application is made absolute in terms of prayer clause (b). Learned Civil Judge, Senior Division, Palghar, Thane is directed to transmit the record and proceedings of the Marriage Petition No.20 of 2012 to the Family Court, Nashik Road, Nashik expeditiously. Hearing of the marriage petition is expedited. Both the parties are directed to appear before the Family Court, Nashik Road, Nashik on 24th March 2016 for further directions. If there are any arrears of maintenance not paid by the respondent to the applicants, the respondent shall pay the same to the applicants expeditiously.

R.D. DHANUKA, J.