Mrs. Sapana Vinay Lodha v. Mr. Vinay Vijay Lodha

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.261 OF 2016 Mrs. Sapana Vinay Lodha ...

Applicant

Versus

Mr. Vinay Vijay Lodha ...

Respondent .....

Mr. Manoj Harit i/b. Manoj Harit & Co. for the Applicant. Mr. Parag Joshi i/b. Mr. Jitendra Bakilwal for the Respondent. .....

CORAM : S.C.GUPTE, J.

DATE : 15 MARCH 2017 P.C. :

Heard learned counsel for the parties. This misc. civil application seeks transfer of a matrimonial proceeding, bearing Marriage Petition No.30 of 2016, filed by the Respondent for divorce before the Court of Civil Judge, Senior Division at Malegaon to the Court of Civil Judge, Senior Division at Pune. The application is on the footing that the Applicant has been residing at Pune with her parents and has a baby girl of 2 1⁄2 years to look after. It is submitted that the Applicant has already filed Miscellaneous Application No.358 of 2015 before the Court of Chief Judicial Magistrate, First Class, Pune under Section 12 of the Protection of Women from Domestic Violence Act,2005. It is submitted that the present

2/3 divorce Petition has been filed subsequently by the Respondent as a counter blast to the misc.application filed by the Applicant. Learned Counsel for the Applicant submits that the distance between Malegaon and Pune, where the Applicant is residing, is almost 300 km and there is no train connection between the two places. Besides, this necessitates arranging for an overnight accommodation at Malegaon. Learned counsel also submits that the Respondent has been residing at Nashik and in any event, has to travel from Nashik to Malegaon for attending the petition. It is submitted that it will not be inconvenient for the Respondent to instead attend the proceedings at Pune. Learned counsel submits that his client is agreeable to have the misc.application pending before the Judicial Magistrate, First Class at Pune transferred to the Court of Civil Judge, Senior Division at Pune for being heard alongwith transferred matrimonial petition.

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Learned counsel for the Respondent opposes the misc.civil application. Learned counsel disputes the averments made by the Applicant .

3.

Considering the fact that the Applicant has a small child to look after and also considering the fact that in any event the Respondent has been attending the misc.application filed by the Applicant at Pune, which the

3/3 Applicant agrees to have transferred to the Court of Civil Judge, Senior Division at Pune for a joint hearing alongwith the transferred matrimonial petition, it is in the interest of justice that the matrimonial petition is transferred to the Court of Civil Judge, Senior Division at Pune. 4.

Accordingly, the misc.civil application is allowed in terms of prayer clause (a). It is also directed that Misc.Civil Application no.358 of 2015 pending before the court of Chief Judicial Magistrate,First Class, Pune shall also be transferred to the Court of Civil Judge, Senior Division, Pune to be heard alongwith transferred Petition No.30 of 2016. The Court of Civil Judge Senior Division, Pune shall dispose of both the proceedings expeditiously and preferably within a period of one year from today. (S.C. GUPTE, J.)