Shital W/O Nikhil Mahajan v. Nikhil S/O Prataprao Mahajan

1 M.C.A. 18.2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 18 OF 2016 Shital w/o Nikhil Mahajan ..... APPLICANT V E R S U S Nikhil s/o Prataprao Mahajan ..... RESPONDENT .....

Mr. M.S.Shaikh, Advocate for Applicant.

Mr. N.T.Tribhuwan, Advocate for Respondent.

.....

CORAM : T.V.NALAWADE, J.

DATE : 2nd APRIL, 2016 ORAL ORDER :- .

The application is filed by the wife - applicant for transfer of H.M.P. No. 339/2015, presently pending in the Court of the Civil Judge [Sr. Division], Pune to the Court of the Civil Judge [Sr. Division], Kopargaon, district Ahmednagar. It is filed for declaration that the marriage between present applicant and the respondent is null and void. Both sides are heard.

2.

The applicant is wife and it is her case that she has no source of income and on every occasion she is required to go to Pune as she is residing at Kopargaon, district Ahmednagar and hence she faces difficulty in

2 M.C.A. 18.2016.odt coming to Pune to attend the matter. It is her case that she has also filed another proceeding in the Court at Kopargaon. In any case the husband would be required to come to Kopargaon and to contest the matter and so both the matters be transferred to one Court. 3.

Learned counsel for the husband submitted that the husband filed proceeding for divorce in the court at Pune against the applicant. The intention of the applicant is to harass the husband. The wife is gainfully employed in Pune and she is residing at Pune and so there is no need to transfer the matter from the Court at Pune to the Court at Kopargaon.

4.

Learned counsel for the wife placed reliance on the case reported as (2001) 10 Supreme Court Cases - 41 [Sumita Singh Vs. Kumar Sanjay & Anr.]. He submitted that convenience of the wife is to be considered. To enable the wife to contest the matter filed by the husband effectively, this Court holds that the matter needs to be transferred from the Court at Pune to the Court at Kopargaon. This Court also avoid from giving conflict decision.

5.

In the result, the matter pending in the Court of the Civil Judge [Sr. Division], Pune is withdrawn from that Court and is transferred to the Court of the Civil Judge [Sr. Division], Kopargaon. The new Court to take care that both the proceedings are to be kept on one and the same date so that no inconvenience is to be caused to

3 M.C.A. 18.2016.odt the parties. The new Court is to expedite the matters and dispose of the proceedings within six months from the date of receipt of the record to the new Court. Both the parties to appear in the new Court on 06/06/2016. [T.V.NALAWADE, J.] KNP/M.C.A. 18.2016.odt