Prashant Vishnupant Munde v. Bhavna Prashant Munde

by IRESH SIDDHARAM MASHAL Date: 2021.08.26 16:17:01 +0530 IRESH SIDDHARAM MASHAL ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 74 OF 2021 PRASHANT VISHNUPANT MUNDE ....APPLICANT V/s.

BHAVNA PRASHANT MUNDE .....RESPONDENT Mr. Rahul S. Kadam for the applicant Mr. Amol B. Jagtap for respondent CORAM :

NITIN W. SAMBRE, J.

DATE:

AUGUST 24, 2021.

P.C.:

1] Applicant husband has invoked provisions of Section 24 of Code of Civil Procedure, 1908 (Hereinafter referred to as 'CPC' for the sake of brevity) seeking transfer of proceedings Hindu Adoption and Maintenance Act proceedings pending on the fle of Family Court No. 2 at Pune i.e. (i) P.C. No. C-11/2019, (ii) proceedings under Domestic Violence Act being Cri. Misc. Application No. 659/2019 and (iii) SCC No. 9015/2021 and (iv) RCC No. 2060/2020 pending before 9th Jt. Civil Judge, Junior Division and Judicial Magistrate First Class, Pune 1/3

to the Family Court at Aurangabad.

2] The submissions are, wife is residing at Aurangabad alongwith daughters and as such, it is convenient for the wife to attend the proceedings at Aurangabad.

3] This Court is at all not in agreement with such submissions particularly when, in a matrimonial matter, provisions of Section 24 of CPC could be invoked, in case if it is established that wife is suffering from hardship.

4] In the case in hand, applicant and respondent have resided together at Pune and accordingly wife has initiated proceedings at Pune.

5] Even if a Suit for partition is initiated at Ambejogai, however, considering the provisions of Section 17 of CPC, the act of the respondent-wife in initiating the said suit at Ambejogai appears to be 2/3

justifed as part of the property is situated within local jurisdiction of the Civil Court at Ambejogai.

6] In that view of the matter, no case for invoking provisions of Section 24 of CPC is made out. Application fails, stands rejected. [NITIN W. SAMBRE, J.] 3/3