Sau. Swati Jagdish Urkude v. Jagdish Bapurao Urkude
1 / 3 42-mca-439-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 439 OF 2021 Swati Jagdish Urkude -- Applicant Vs.
Jagdish Bapurao Urkude -- Non-applicant - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - Mr. Uday Changle h/f Mr. S.V. Sirpurkar, Advocate for applicant Ms. W. Daigavane h/f Mr. Harish Dangre, Adv. for non-applicant CORAM : MANISH PITALE, J.
DATE : 24th MARCH 2022 By this application, the applicant is seeking transfer of a divorce petition bearing H.M.P. No.168/2021, filed by the nonapplicant (husband) in the Court of Civil Judge (Senior Division), Wardha to the competent Court at Warora.
2.
It is the case of the applicant that marriage between the parties was solemnized on 16/04/2014, but, due to matrimonial discord, the applicant is now living with her parents at Bhadrawati. There is a seven years old daughter from the marriage, who is living with the applicant. It is the case of the applicant that distance between Bhadrawati and Wardha is about 105 KM and
2 / 3 42-mca-439-2021 that it is inconvenient for the applicant to attend the proceedings in the Court at Wardha.
3.
While opposing this application, the learned counsel appearing for the non-applicant submits that the applicant herself has initiated a proceeding under the provisions of the Protection of Women from Domestic Violence Act, 2005, in a Court at Samudrapur, District Wardha and that she is attending the said proceeding. On this basis, it is submitted that when the applicant herself is pursuing the proceedings in District Wardha, she cannot claim that it would be inconvenient for her to attend to the proceedings in the divorce petition filed by the non-applicant before the competent Court at Wardha.
4.
Considering the aforesaid circumstances, this Court is of the opinion that the applicant has failed to make out a case for transfer of the proceedings. Yet, since the applicant is living with her parents and she has no source of income, it would be in the interest of justice that the non-applicant is directed to pay a specific amount to the applicant on the dates on which she is required to attend the proceedings in the Court of Civil Judge (Senior Division), Wardha, pertaining to the aforesaid divorce petition. 5.
Accordingly, the application is dismissed. But, the nonapplicant is directed to pay sum of Rs.800/- (Rs. Eight Hundred) for every visit that the applicant is required to undertake to attend
3 / 3 42-mca-439-2021 the proceedings in the H.M.P. No.168/2021, filed by the nonapplicant in the Court of Civil Judge (Senior Division), Wardha. 6.
The application is disposed of.
JUDGE P DESHPANDE 11:13