Asmita Rajesh Hoble v. Rajesh Ramnath Hoble

2025:BHC-GOA:1263 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

TRANSFER APPLICATION NO. 4 OF 2025 ASMITA RAJESH HOBLE ... Applicant

Versus

RAJESH RAMNATH HOBLE

...Respondent

Mr. Pavithran Vilas Govindan, Advocate for the Applicant under the Free Legal Aid Scheme.

Mr. Prasad Dessai, Advocate for the Respondent. CORAM : VALMIKI MENEZES, J. DATED : 16TH JULY, 2025.

P.C.:

1.

Registry to waive objections and register the matter. 2.

This is a transfer application seeking transfer of Matrimonial Petition No. 71/2018/A, on the file of the Civil Judge Senior Division, Vasco Da Gama, to an appropriate Court in Tiswadi Taluka i.e. the Court of Civil Judge Senior Division at Merces. The Petitioner is the wife of the Respondent / original Petitioner in Matrimonial Petition before the Vasco Court.

3.

It is a matter of record that the Matrimonial proceeding is at the stage of recording the Petitioner's / Original Respondent's evidence. It is not in dispute that the Petitioner/ Wife resides at Chimbel and has instituted a proceedings under Protection of Women from Domestic Violence Act (PWDVA) No.12/2021/B, pending before the Judicial Magistrate First Class (JMFC), 'B' Court at Panaji, which is incidentally also the Court of Civil Judge Senior Division dealing with Matrimonial Petitions for the Tiswadi Taluka. In the PWDVA proceedings, the Petitioner/Wife seeks an order of protection. The case has been contested by the Respondent / Husband. 4.

The Petitioner/Wife claims that she is not financially well off and in both proceedings, before the Civil Judge Senior Division at Vasco Da Gama as well as in the PWDVA case before the Judicial Magistrate First Class at Merces, is represented by an Advocate appointed under the Free Legal Aid Scheme. So also, this transfer petition has been filed using and Advocate under the Legal Aid Scheme.

5.

In view of these facts, it will be appropriate that the Matrimonial Petition No. 17/2018/B in which the Petitioner's evidence is now being recorded be transferred to the file of Civil Judge Senior Division 'B' Court at Merces until its disposal.

6.

Considering that the PWDVA case is pending before the same Court which act as Judicial Magistrate First Class at Tiswadi, Merces, Goa, it would be advantageous to the contesting parties that the matters are decided by one Court. Consequently, I pass the following order.

(a) Matrimonial Petition No. 17/2018/B on the file of the Civil Judge Senior Division at Vasco Da Gama shall stand transferred to the file of the Court of Civil Judge, Senior Division, Merces, Tiswadi, Goa. The Civil Court at Vasco shall take all steps necessary to transfer the Records and Proceedings of this suit to the Court at Merces, Tiswadi, Goa, preferably within 20 days from today.

7.

Considering that the evidence of the Petitioner will be recorded in this suit, which is now listed on 29.07.2025, the Civil Court at Vasco Da Gama is requested to defer the hearing and remit the concerned file to the Court at Merces, Tiswadi, Goa which may decide the Matrimonial Petition No. 17/2018/B as expeditiously as possible and preferably within a period of six months from the date of receipt of file from the Vasco Court. The Registry to forward a writ of this order to both the concerned Courts to act on the same.

8.

The application stands disposed of in the above terms. VALMIKI MENEZES, J.