Jyoti Jitendra Suryawanshi v. Jitendra Arjun Suryawanshi

2023:BHC-AUG:26677 1 1136-MCA 57-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 57 OF 2021 Sou. Jyoti w/o Jitendra Suryawanshi Age : 30 years, Occu. : Household, R/o. : C/o Sanjay Bhata Pawar Shivsagar Colony, Plot No. 61, Chitod Road, Dhule.

Tq. & Dist. Dhule.

.. Applicant

Versus

Jitendra s/o Arjun Suryawanshi Age : 37 years, Occu. : Service, R/o. : Police Head Quarter, Lane No. 12, Room No. 445, Gangapur Road, Nashik Tq. & Dist. Nashik.

.. Respondent Mr. Vikrant P. Raje, Advocate for the Applicant. CORAM : SHAILESH P. BRAHME, J.

DATE : 13th DECEMBER, 2023.

PER COURT :- .

Heard the learned counsel for the applicant.

2.

When the matter is called out none appeared for the respondent, though served.

3.

By way of this application, the applicant is seeking transfer of the proceedings filed before Civil Judge Senior Division, Nashik to the Civil Judge Senior Division, Dhule.

4.

The learned counsel for the applicant submits that, it is not

2 1136-MCA 57-2021.odt possible for the applicant to attend the proceedings by travelling from Dhule to Nashik.

5.

I have considered rival submissions. I record following findings : i.

It is inconvenient for the applicant to travel and attend the proceedings at Nashik.

ii.

She has minor son out of wedlock.

iii.

She has no source of income and she is staying with her parents. iv.

Her sufferings and hardships are apparent.

v.

There is nothing on record to show that the respondent is unable to attend the proceedings by travelling from Nashik to Dhule. 6.

A useful reference can be made to the law laid down by the Supreme Court and this Court in the following matters : a) Sumita Singh Versus Kumar Sanjay, 2002 AIR (SC) 396 ; b) Soma Choudhury Versus Gourab Choudhaury, (2004) 13 Supreme Court Cases 462 ;

c) Sangamitra Ramakant Royalwar Versus Ramakant Gangaram Royalwar, 2009 (1) Mh.L.J. 303 ;

d) Anita Balkrishna Barge Versus Balkrishna Sopan Barge, 2011 (1) Mh.L.J. 518 ;

e) Mahadevi Gopal Mehetre Versus Gopal Prabhakar Mehetre, 2016

(4) All.M.R. 599 ;

3 1136-MCA 57-2021.odt f) Vaishali Shridhar Jagtap Versus Shridhar Vishwanath Jagtap, 2016 AIR (SC) 3584 ;

g) Pooja Rohan Jadhav Vresus Rohan Ramesh Jadhav, order passed by High Court, Bench at Aurangabad in MCA No. 171 of 2018 ; h) Ashwini Kailas Patil Versus Shivajirao Anandrao Gaekwar, order passed by High Court, Bench at Aurangabad in MCA No. 46 of 2020. 7.

For the reasons stated above, I pass following order :

ORDER

i.

The Miscellaneous Civil Application is allowed. ii.

The Regular Civil Suit No. 650/2017 pending before the Civil Judge Senior Division, Nashik, shall stand transferred to the Civil Judge Senior Division, Dhule. iii.

An endeavour be made to decide the proceedings finally as expeditiously as possible.

iv.

The concern Court shall transmit the papers immediately.

v.

The parties to appear before the Civil Judge Senior Division, Dhule on 11th January, 2024.

vi.

All the proceedings pending at a place where the applicant is residing be preferably posted on same date. ( SHAILESH P. BRAHME, J. ) P.S.B.