Mrs. Madhubala Vinod Soni v. Mr. Vinod Gopaldas Soni

Tauseef Farooqui 27-MCA.83.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TAUSEEF LAIQUEE FAROOQUI CIVIL APPELLATE JURISDICTION TAUSEEF LAIQUEE FAROOQUI Date: 2023.02.06 11:09:56 +0530 MISCELLANEOUS CIVIL APPLICATION NO.83 OF 2022 Mrs. Madhubala Vinod Soni ...Applicant V/s.

Mr. Vinod Gopaldas Soni

...Respondent

WITH INTERIM APPLICATION (STAMP) NO.25065 OF 2022 IN MISCELLANEOUS CIVIL APPLICATION NO.83 OF 2022 Ms. Shraddha S. Pawar for Applicant.

CORAM

:AMIT BORKAR, J.

DATED :FEBRUARY 03, 2023 P.C.:

1.

The wife has filed present miscellaneous civil application seeking transfer of Marriage Petition No.796 of 2018 from the learned Civil Judge, Senior Division, Kalyan Court to the learned Family Court at Pune.

2.

Marriage between the applicant and the respondent took place on 28th April 2017, due to the matrimonial differences between the parties, the applicant filed FIR bearing No.370 of 2018 at Wakad Police Station at Pune. The applicant also filed a complaint under the Protection of Women from Domestic Violence Act, 2005, before the learned Judicial Magistrate, First Class, Pimpri, Pune.

Tauseef Farooqui 27-MCA.83.2022.doc 3.

The respondent has filed Marriage Petition No.796 of 2018 before the learned Civil Judge, Senior Division, Kalyan seeking divorce under Section 13(1) (i-a) (i-b) of the Hindu Marriage Act, 1955. The applicant has, therefore, filed present application seeking transfer of proceedings from Court at Kalyan to Court at Pune.

4.

This Court on 28th February 2022, issued notice to respondent. The notice has been returned with the remark, "the respondent not residing at Pune". This Court on 8th June 2022, granted Hamdast to the applicant for effecting service. This Court granted stay to the proceedings before the Court at Kalyan, which is continued from time to time. The notice issued on 8th June 2022, has been returned again with remark "not found at given address". The applicant, therefore, filed an application to serve respondent by publishing a notice in Daily Pudhari Newspaper or Punyanagari Newspaper or any other local newspaper, which has been allowed by this Court by order dated 29th November 2022. 5.

Learned advocate for the applicant states that the order of stay of proceedings of petition filed by husband has been produced before the Court at Kalyan. The opponent has attended the proceedings after production of interim order. Since the notices are published in local newspaper and the copy of order of interim relief has been produced before the Court at Kalyan, the opponent has constructive notice of pendency of present application. The opponent has not appeared despite service.

Tauseef Farooqui 27-MCA.83.2022.doc 6.

The applicant on oath has stated that it is inconvenient for her to attend proceedings before Court in Kalyan. She is suffering from various ailments and has been advised to avoid distance travel. In support of the said contention, she has produced medical certificate which is annexed at Exhibit-J to the miscellaneous civil application. According to her filing of petition before the learned Civil Judge, Senior Division at Kalyan is without territorial jurisdiction as both the parties were last resided in Pune. 7.

Considering inconvenience caused to the applicant and absence of denial of facts stated in the application, the applicant has made out a case for transfer.

8.

For the reasons stated above, application is allowed in terms of prayer clause (b).

(AMIT BORKAR, J.)