Nehal Anup Agrawal v. Anup Vijay Agrawal

2023:BHC-AUG:25172 1 mca 103.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISCELLANEOUS CIVIL APPLICATION NO. 103 OF 2023 Nehal w/o Anup Agrawal Age: 27 Years Occ.: H. H.

At Present R/o c/o Mahesh Agarwal, Row House No. 11, Malang City, Baldawa Nagar, L.I.C. Colony , Latur. Dist. Latur.

.. Applicant

Versus

Anup S/o Vijay Agrawal, Age : 27 Years, Occ. : Business, R/o Paravati Apartment, Mastgad, MSEB Office, Jalna, Dist. Jalna.

.. Respondent Shri S. B. Madde, Advocate h/f Shri Suraj V. Gundre, Advocate for the Applicant.

Shri Swapnil V. Lohiya, Advocate for the Respondent. CORAM :

SHAILESH P. BRAHME, J.

DATE :

30TH NOVEMBER, 2023.

FINAL ORDER :

.

Heard the learned counsel for both the sides finally. 2.

By way of this application, the applicant is seeking transfer of the proceedings of dissolution of marriage filed before the Family Court at Jalna to the Family Court at Latur. 3.

The learned counsel for the applicant submits that it is not possible for the applicant to attend the proceedings by travelling from Latur to Jalna. She has ailing parent and she cannot travel

2 mca 103.23 alone.

4.

The learned counsel for the respondent submits that the application is frivolous. The applicant is able bodied person and is in a position to attend the proceedings at Jalna. She has suppressed material facts. The conduct of the applicant was objectionable. No discretion can be exercised in her favour. 5.

I have considered rival submissions. I record following findings.

(i) It is inconvenient for the applicant to travel and attend the proceedings at Jalna.

(ii) She has no source of income and she is staying with her parent.

(iii) Her sufferings and hardship are apparent.

(iv) There is nothing on record to show that the respondent is unable to attend the proceedings by travelling from Jalna to Latur.

(v) The applicant has initiated proceedings at Latur against the respondent.

6.

A useful reference can be made to the law laid down by the Supreme Court and this Court in the following matters.

3 mca 103.23 A.

Sumita Singh Vs. Kumar Sanjay reported in (2001) 10 SCC 41.

B.

Soma Choudhury Vs. Gourab Choudhaury reported in (2004) 13 SCC 462.

C.

Vaishali Shridhar Jagtap Vs. Shridhar Vishwanath Jagtap reported in (2016) 14 SCC 356.

D.

Sangamitra Ramakant Royalwar Vs. Ramakant Gangaram Royalwar reported in 2009 (1) Mh.L.J. 303.

E.

Anita Balkrishna Barge Vs. Balkrishna Sopan Barge reported in 2011 (1) Mh.L.J. 518.

F.

Mahadevi Gopal Mehetre Vs. Gopal Prabhakar Mehetre reported in 2016(4) All M.R. 599.

G.

Judgment and order dated January 11, 2019 in Misc. Civil Application No. 171 of 2018 in the matter of Pooja Rohan Jadhav Vs. Rohan Ramesh Jadhav.

H.

Judgment and order dated 01 July 2022 in Misc. Civil Application No. 46 of 2020 in the matter of Ashwini Kailas Patil Vs. Shivajirao Anandrao Gaekwar.

7.

For the reasons stated above, I pass following order.

O R D E R

a.

The Misc. Civil Application is allowed.

b.

The H.M.P. (A) No. 22 of 2023 pending before the Family Court at Jalna shall stand transferred to the Family Court at Latur.

4 mca 103.23 c.

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

d.

The concern court shall transmit the papers immediately. e.

The parties to appear before the Family Court at Latur on 18.12.2023.

f.

All the proceedings pending at a place where the applicant is residing be preferably posted on same date. [ SHAILESH P. BRAHME, J.] bsb/Nov. 23