Payal Ankit Bhandari v. Ankit Kishor Bhandari

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO.21 OF 2023 Payal Ankit Bhandari Applicant

Versus

Ankit Kishor Bhandari Respondent Mr. S.S. Bora, Advocate for the applicant.

Mr. V.L. Bhange, Advocate for the respondent. .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 31 st AUGUST, 2023 ORDER :

1.

This application is filed by the applicant/wife seeking transfer of proceeding i.e. Petition-A No. 261/2022, filed by respondent/husband, pending before the Family Court, Dhule to Family Court at Jalna.

2.

Heard the learned advocate for the applicant and learned advocate for the respondent. Perused the memo of application, annexures thereto and the reply filed by respondent. 3.

It is the contention of the wife that she is residing at Jalna and distance between Dhule to Jalna is about 220 km and it is very difficult for her to travel such a long distance to attend the proceeding at Dhule.

{2} 4.

Learned advocate for the husband vehemently opposed the prayer of the wife. He submits that it will cause serious hardships to the husband if the proceeding is transferred from Family Court Dhule to Family Court, Jalna. 5.

It is well settled principal of law that ordinarily convenience of the wife needs to be considered while deciding application for transfer of proceeding.

6.

In N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha, 2022 SCC OnLine SC 1199, it is held;

"9.

The cardinal principal for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Court are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing sociology-economic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer." 7.

In the light of aforesaid ratio and considering the fact that it would cause inconvenience and hardship to the applicant

{3} if she asked to travel such a long distance to attend the proceeding at Family Court, Dhule, the application deserves to be allowed. In the result, following order:

ORDER

1. Civil Miscellaneous Application is allowed.

2. Petition-A No. 261/2022 pending before Family Court, Dhule, is hereby transferred to the Family Court at Jalna. [NITIN B. SURYAWANSHI, J.]