Mrs. Rakhi Rohan Pardeshi v. Mr. Rohan Suresh Pardeshi

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION (ST) NO. 22274 OF 2017 Rakhi Rohan Pardeshi ...

Applicant

Versus

Rohan Suresh Pardeshi ...

Respondent Ms. Ranjan Rajgor for the Applicant.

Mrs. Sanjay Bhojwani for the Respondent.

CORAM : S.J. KATHAWALLA, J.

DATED : 29TH SEPTEMBER, 2017 P.C.:

1.

The above Misc. Civil Application is filed under Section 24 of the Code of Civil Procedure, 1908 by the Applicant wife seeking transfer of Marriage Petition No. A-1358 of 2016 filed by the Respondent husband from the Family Court, Bandra, Mumbai to the Court of Civil Judge, Senior Division, Khed-Pune. 2.

According to the Applicant, her marriage with the Respondent was solemnized on 24th November, 2014. Disputes arose between the parties and the Applicant filed Misc. Application No. 239 of 2016 under the Protection of Women from Domestic Violence Act, 2005 before the JMFC, Khed-Pune. The Respondent filed a Petition being Marriage Petition No. 1358 of 2016 for divorce before the Family Court, Bandra, Mumbai. In the cause title of Marriage Petition No. 1358 of 2016, the Respondent (the Petitioner therein) has stated that he is residing at Nashik. Despite

2 / 5 18-MCAST-22274-2017.sxw that, only to cause harassment to the Applicant, who is residing at Khed-Pune, the Respondent has filed the divorce proceedings before the Family Court, Bandra, Mumbai.

3.

According to the Applicant, her father is a farmer who is not literate. It will be very difficult for her to travel all the way from village Chakan, Khed-Pune to Bandra, Mumbai with her mother, who too is not literate. There is no direct public transport available from village Chakan to Bandra, Mumbai and therefore she and her mother will have to start their journey from Village Chakan at 05.00 a.m. They will have to first reach Pune station, which is 33 kms from Chakan or Lonavala station which is 57 kms from Chakan and thereafter catch a train to reach Bandra. The distance that they will have to travel would be 450 kms (to and fro). It is submitted that as against this, the Respondent is already appearing before the JMFC, Khed-Pune in the proceedings filed by the Applicant under the Protection of Women from Domestic Violence Act, 2005.

Again, the Respondent can always travel from Nashik to Khed, Pune instead of travelling from Nashik to Bandra, Mumbai. It is submitted that therefore it will not cause any inconvenience to the Respondent, if he is required to travel from Nashik to Khed-Pune, whereas grave inconvenience and hardship will be caused to the Applicant if she is required to attend the proceedings filed by the Respondent before the Family Court, Bandra, Mumbai despite the Respondent residing at Nashik. It is therefore submitted that the above Misc. Civil Application be allowed.

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On behalf of the Respondent it is submitted that since the Applicant and the Respondent last resided at Dadar, Mumbai, it should not be difficult for the Applicant to travel from village Chakan to Bandra, Mumbai and that the allegations made by her that inconvenience and hardship will be caused to her if she is required to travel from village Chakan to Bandra, Mumbai, are false.

5.

I have considered the submissions advanced by the Advocates for the parties.

6.

In my view, Marriage Petition No. A-1358 of 2016 needs to be forthwith transferred on the sole ground that admittedly the Respondent was residing at Nashik on the date he filed the Marriage Petition No. A-1358 of 2016 before the Family Court, Bandra, Mumbai and till date continues to reside at Nashik. It is therefore clear that he has filed Marriage Petition No. A-1358 of 2016 seeking divorce before the Family Court, Bandra, Mumbai only to cause harassment to the Applicant. Admittedly, the Applicant is residing at village Chakan, Pune. As stated by her in the Misc. Civil Application, her father is a farmer, who is not literate and she will have to travel all the way to Bandra, Mumbai along with her mother, who is also not literate. She and her mother will have to start their journey from Chakan at 05.00 a.m.

in the morning since there is no direct transport to Bandra, Mumbai. She will either have to first reach Pune or Lonavala and thereafter come to Kurla and reach the Family Court, Bandra, Mumbai by taking an auto-rikshaw. The journey from Chakan to Bandra and back will take approximately 12 to 14 hours.

4 / 5 18-MCAST-22274-2017.sxw travelling from Nashik to Bandra, Mumbai, can always travel from Nashik to Khed, Pune. In any event, the Respondent is required to attend the Court of JMFC, Khed, Pune to defend the proceedings filed by the Applicant being Misc. Application No. 239 of 2016. Therefore, in my view, this is a fit case to transfer Marriage Petition No. 1358 of 2016 from Family Court, Bandra, Mumbai to Civil Judge, Senior Division, Khed-Pune. Hence, the following order :

i.

Marriage Petition No. A-1358 of 2016 filed by the Respondent husband before the Family Court, Bandra, Mumbai is transferred to the Court of Civil Judge, Senior Division, Khed-Pune.

ii.

The learned Family Court, Bandra, Mumbai shall ensure that the papers and proceedings of the Marriage Petition No. A-1358 of 2016 are received by the learned Civil Judge, Senior Division, Khed-Pune on or before 10th November, 2017. iii.

The parties as well as the learned Principal Judge, Family Court, Bandra, Mumbai and the learned Civil Judge, Senior Division, Khed-Pune to act on an authenticated copy of this order.

iv.

Parties and / or their Advocates shall appear before the Civil Judge, Senior Division, Khed-Pune on 13th November, 2017 at 11.00 a.m. and obtain appropriate orders / directions.

v.

The Civil Judge, Senior Division, Khed-Pune shall endeavour to dispose off the Marriage Petition No. A-1358 of 2016 within a period of six months from 13th November, 2017.

5 / 5 18-MCAST-22274-2017.sxw vi.

The Civil Judge, Senior Division, Khed-Pune shall not grant any adjournment to the parties unless absolutely necessary. The parties too shall not seek any adjournment unless absolutely necessary.

vii.

The above Application is allowed in the aforesaid terms, with no order as to costs.

( S.J.KATHAWALLA, J. )