Shruti Umesh Borde v. Umesh Sudhakar Borde

2023:BHC-AUG:27346 CORRECTED COPY This order is corrected as per Court's order dated 02.02.2024 in Civil Application No. 1102 of 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1043 MISC.CIVIL APPLICATION NO. 196 OF 2023 SHRUTI UMESH BORDE

VERSUS

UMESH SUDHAKAR BORDE ...

Advocate for Applicant : Mr. R.S. Kasar h/f. Mr. A.B. Jagtap Advocate for Respondent : Ms. Pratibha Jamdhade ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 19th DECEMBER, 2023 PER COURT :

1.

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 05th Joint Civil Judge Senior Division, Pune to Civil Judge Senior Division, Shrirampur, District Ahmednagar.

3.

The learned counsel for the applicant submits that it is not possible for the applicant to attend the proceedings by travelling from Shrirampur to Pune.

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 Pune. 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 Pune.

ii.

She has no source of income and she is staying with her parents. 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 Pune to Shrirampur. v.

The applicant has initiated proceedings at Shrirampur 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 : 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 ;

f) Vaishali Shridhar Jagtap Versus Shridhar Vishwanath Jagtap, 2016 AIR (SC) 3584 ;

g) Pooja Rohan Jadhav Versus 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 Marriage Petition No. 938 of 2022 pending before the 05th Joint Civil Judge Senior Division, Pune, shall stand transferred to Civil Judge Senior Division, Shrirampur, District Ahmednagar.

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 Court at Shrirampur on 24th January, 2024.

vi.

All the proceedings pending at a place where the applicant is residing be preferably posted on same date. vii.

Learned counsel for the respondent be quantified as per law for the services rendered in this matter. [ SHAILESH P. BRAHME, J. ] Thakur-Chauhan/-