Smt. Preeti W/O Amit Gajbhiye @ Preeti Pruthviraj Patil v. Amit S/O Rajdutt Gajbhiye

17MCA589.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION NO. 589 OF 2019 Smt. Preeti W/o Amit Gajbhiye @ Preeti Pruthiviraj Patil Vrs.

Amit S/o Rajdutt Gajbhiye -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order --------------------------------------------------------------------------------------------------------- Mr. C.B. Barve, Advocate for applicant.

Mr. P.D. Ganvir, Advocate for non-applicant.

CORAM : PUSHPA V. GANEDIWALA, J.

DATED : NOVEMBER 18, 2019.

Heard.

Learned Counsel for the applicant seeks oral leave to amend the prayer clause in the petition. Leave granted. Amendment be carried out forthwith.

This is an application filed by the applicant/wife under Section 24 of the Code of Civil Procedure praying for transfer of H.M.P. No.

100/2019 pending on the file of the Civil Judge, Senior Division, Bhandara, to the Court of the Civil Judge, Senior Division, Nagpur, which was filed by the non-applicant/husband.

It is stated that the marriage between the parties was solemnized on 06/03/2017 as per Hindu rites and customs at Nagpur.

17MCA589.19 It is submitted that the applicant - wife has already filed divorce petition under Section 13 of Hindu Marriage Act, 1955 before the Court at Nagpur and now as a counter blasts, the non-applicant - husband filed a petition for restitution of conjugal rights in the Court at Bhandara.

Learned Counsel on behalf of the non-applicant - husband could not point out any hardship which would be suffered by him, if the petition which is pending in the Court at Bhandara is transferred to the Court at Nagpur, as prayed. Furthermore, it is well settled that the convenience of the wife is to be seen in such petitions.

A ground for transfer is made out, I am inclined to allow the petition.

Hence, H.M.P. No. 100/2019 pending on the file of the Civil Judge, Senior Division, Bhandara, is transferred to the Court of the Civil Judge, Senior Division, Nagpur.

The miscellaneous civil application is accordingly stands disposed of. No order as to costs. JUDGE D.S. Baldwa