Triveni Tejas Naik v. Tejas Nitin Naik

2025:BHC-AUG:1278 1 36-MCA 112-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 112 OF 2024 Smt. Triveni Tejas Naik, Age : 24 years, Occu. : Nil, C/o : Shri. Shivaji Eknathrao Pardeshi, Age : 60, Occu. : Nil, R/o. : Mohata Devi Road, Northern Branch, Ward No. 7, Shrirampur, Tal. Shrigonda, Dist. Ahmednagar .. Applicant

Versus

Shri. Tejas Nitin Naik, Age : 30 years, Occu. : Service, R/o. : Vaishnavi Vihar, Plot No. 506, Lane No. 1, S. N. 41/5/1/1B, First Lane, Ambegaon, Pune-411046.

.. Respondents Mr. Rahul A. Tambe, Advocate for the Applicant. Mr. S. A. Ambad, Advocate for Respondent.

CORAM :

KISHORE C. SANT, J.

DATED : 14th JANUARY, 2025.

P. C. :- .

Heard the parties.

2.

The present application is filed by applicant/wife for transfer of matrimonial proceedings bearing Petition A. No. 179/2024 pending before the learned Family Court at Pune to the Court of learned Civil Judge Senior Division at Shrirampur.

2 36-MCA 112-2024.odt 3.

It is the case of the applicant that, presently she is residing with her father at Shrirampur. Because of the conduct of the respondent, in Shrirampur, she is required to file proceedings under the Protection of Women from Domestic Violence Act, 2005 (for short "Domestic Violence Act") bearing Criminal Misc. Application No. 371/2023. She has also lodged private complaint bearing Crime No. 32/2024 with Police Station, Shrirampur and the proceeding is lodged in the Court. It is further submitted that, the proceedings before the Family Court at Pune is filed only after receiving notice in the proceedings under the Domestic Violence Act. The respondent is required to attend the proceedings filed under the Domestic Violence Act as well as the criminal proceedings pursuant to lodging of the complaint by the wife. The distance between two places is around 190 Kms. It is thus submitted that, it would be in the interest of justice to transfer the proceedings from the learned Family Court, Pune to the Court of learned Civil Judge Senior Division at Shrirampur. 4.

The application is vehemently opposed by the learned advocate for the respondent. He submits that, the jurisdiction is within learned Family Court at Pune as the parties have resided at Pune. The wife has filed various complaints under the Domestic Violence Act and under Section 498-A of the Indian Penal Code. He prays for rejection of this

3 36-MCA 112-2024.odt application.

5.

Considering that, at present applicant/wife is staying at Shrirampur and there are already two proceedings going on in the Court at Shrirampur which are attended by the respondent, this Court is inclined to allow the application.

6.

The misc. civil application is allowed in terms of prayer clause (B). After transfer of the proceeding, the applicant shall not seek unnecessary adjournments and shall co-operate in speedy disposal of the petition.

7.

With this, the misc. civil application is disposed of. ( KISHORE C. SANT, J. ) P.S.B.