Sou. Kajal Ankush Sawant v. Ankush Hanumant Sawant

Pradnya Bhogale 1 1 mca 196-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.196 OF 2019 Kajal Ankush Sawant ... Applicant Vs.

Ankush Hanumant Sawant ... Respondent .....

Mr. Priyal G. Sarda for the Applicant.

Mr. Sachin H. Deokar for the Respondent.

.....

CORAM

: M. S. KARNIK, J.

DATE : 14th OCTOBER, 2019.

P. C.:

1.

Heard learned counsel for the applicant and learned counsel for the respondent.

2.

This is an application by the wife for transfer of matrimonial proceedings from Pune to Solapur. The marriage was solemnized on 04.05.2018. 10 days after getting married, it is alleged by the husband that the wife left the matrimonial home. The respondent-husband filed the Marriage Petition under Section 12(1)(c) of the Hindu Marriage Act, 1955 for annulment of the marriage before the Court at Pune on 24.07.2018. Thereafter, the applicant-wife filed a Petition restitution of conjugal rights at Solapur on 06.09.2018.

Pradnya Bhogale 2 1 mca 196-16.doc 3.

It is the case of the applicant that distance between Pune and Solapur is 200 kms. The applicant is residing with her parents in a remote village. The applicant has to depend on her parents for her livelihood. It is therefore not possible for her to travel to Pune and much inconvenience would be caused to her if she is made to attend the proceedings at Pune. Learned counsel for the applicant would submit that the respondent is in permanent employment and earning about Rs.90,000/- per month. According to him it is convenient for the husband to travel to Solapur and hence no prejudice would be caused if the proceedings are transferred to Solapur.

4.

Learned counsel for the respondent on the other hand would submit that the applicant left the matrimonial home 10 days after the solemnization of the marriage without informing anyone. The respondent-husband therefore filed the missing complaint at the police station. After two days she was traced and the statement of the applicant came to be recorded. Learned counsel for the respondent would place on record the statement of the applicant to demonstrate that she has left the matrimonial home on her own accord. In the statement there is a reference

Pradnya Bhogale 3 1 mca 196-16.doc that there was some quarrel between the applicant and respondent. Learned counsel made an attempt to demonstrate the conduct of the applicant after she left the matrimonial home on the basis of statements recorded pursuant to filing of missing complaint. I however would refrain from reproducing the same. Suffice it to observe that I am not inclined to transfer the proceedings and for the reasons stated hereafter. 5.

Heard. The distance between Pune and Solapur is almost 200 Kms. The applicant is residing with her parents. The proceedings are filed by the respondent-husband at Pune for annulment of marriage prior to the petition filed by the applicant wife for restitution of the conjugal rights at Solapur. The couple stayed together for 10 days whereafter the wife left the matrimonial home as there was some quarrel between them. For the purpose of transfer of proceedings convenience of wife is a relevant factor but same cannot be the only factor to be considered dehors the other circumstances on record. There are adequate and convenient means of transport facilities available for travel between Solapur and Pune. The respondent is

Pradnya Bhogale 4 1 mca 196-16.doc in private employment. Considering the over all circumstances and especially the filing of the missing complaint pursuant to which the applicant was traced, I do not find this to be a fit case to transfer the proceedings from Pune to Solapur. There are adequate means of travel available and even the respondent-husband can be put to terms to ensure that the expenses incurred by the applicantwife for travelling to Pune and other expenses are taken care of. 5.

The application is rejected however with a direction to the respondent-husband to pay to the applicant-wife a sum of Rs.3,000/- for each date she attends the Pune Court for hearing. ( M. S. KARNIK, J. )