Latika Alias Lalita Manoj Sonavne v. Manoj Rambhau Sonavne
DDR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 240 OF 2019 Latika alias Lalita Manoj Sonavne ..Applicant vs.
Manoj Rambhau Sonavne ..Respondent ....
Mrs. Deepa Punde h/b. Shri S.S. Punde for applicant. Shri R.D. Motkari for respondent.
....
CORAM : M.S.KARNIK, J.
DATE : 17th OCTOBER, 2019 P.C. :
Heard learned counsel for the applicant and learned counsel for the respondent.
2.
This is an application for transfer of the matrimonial proceedings for restitution of conjugal rights filed by the respondent husband before the Family Court at Nashik to the Court of the Civil Judge Senior Division at Kalyan. 3.
The marriage was solemnised between the parties on 18/6/2018. It is the contention of learned counsel for the 1/3
respondent husband that the applicant wife stayed at the matrimonial home hardly for 6 months.
4.
The applicant wife alleges that she has suffered cruelty, ill-treatment and harassment at the matrimonial house. After the proceedings for restitution of conjugal rights are filed by the husband, the applicant wife has filed proceedings under the Domestic Violence Act and also criminal complaint alleging demand of dowry which are pending in the Kalyan Court. 5.
Learned counsel for the respondent husband opposes the application. According to him, it is convenient for the applicant to travel from Kalyan to Nashik as there are convenient transport facilities available. According to him, the respondent is presently unemployed whereas the applicant wife is running a beauty parlour and earning good amount. He submits that without prejudice to his contentions, in the event this Court is inclined to transfer these proceedings appropriate directions be issued to the trial Courts for clubbing of the 2/3
proceedings so that he will be able to attend the proceedings on the same date.
6.
Considering the convenience of the applicant and that as she is residing with her sister and moreover, it will be inconvenient for her to travel from Kalyan to Nashik, in my opinion, this is a fit case to transfer the proceedings. Moreover, the applicant has filed two proceedings at Kalyan. In case an application is made for clubbing all the proceedings, the request made by the respondent husband be considered suitably or as far as possible the matters be kept on the same date. 7.
The application is allowed in terms of prayer clause (a).
8.
The application is disposed of.
(M.S.KARNIK, J.) by Diksha Rane Date:
2019.10.17 18:08:52 +0530 Diksha Rane 3/3