Nayana Sandeep Jadhav v. Sandeep Jaywant Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.21 OF 2025 Nayana Sandeep Jadhav ...
Applicant V/s.
Sandeep Jaywant Jadhav ...
Respondent ------------------- Ms. Aditi S. Naikare, for the applicant.
--------------------
CORAM
:
N.J. JAMADAR, J.
Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2025.05.07 13:09:42 +0530 VARSHA DEEPAK GAIKWAD DATE :
2nd MAY 2025.
PC:
1.
This application is filed under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Marriage Petition No. P.A- 1581 of 2022 from the Family Court at Pune to the Court of Civil Judge Senior Division, Kalyan, and the proceeding under the Protection of Women from Domestic Violence Act, 2005 i.e. Marriage Petition No. 678 of 2023 from the Court of Chief Judicial Magistrate, Pune to the Court of Magistrate at, Kalyan.
2.
Office report indicates that the respondent has been duly served. 3.
None appears for the respondent.
4.
The marriage of the applicant was solemnized with the respondent on 12th July 2010. The applicant has a 12 year old daughter, who is suffering from hearing and speech disability. In the
wake of the harassment and cruelty at the hands of the respondent, the applicant was constrained to file a petition for dissolution of marriage before the Family Court at Pune and the proceeding under the Protection of Women from Domestic Violence Act i.e. Petition No. 678 of 2023 before the Court of Magistrate at Pune 5.
The applicant could not afford to stay at Pune and therefore, was required to shift to Badlapur, Mumbai. A school which caters to the special needs of the applicant's daughter is also close by the residence of the applicant at Badlapur. The applicant now finds it inconvenience and onerous to attend the proceeding at Pune. Hence, this application. 6.
The averments in the applicant have gone un-controverted. The material on record indicates that the applicant is residing at Badlapur. A copy of the leave and licence agreement has been annexed to the application. The applicant has also placed on record the medical certificates which indicate that the applicant's daughter is a special child. The applicant would suffer inconvenience and hardship if the marriage petition is tried at Pune.
7.
It is trite in the matter of transfer of matrimonial proceedings, ordinarily, it is the convenience of the wife which commands preference. In these circumstances, the prayer of the applicant for transfer of the matrimonial proceedings from Pune to Kalyan appears justifiable. Therefore, I am inclined to allow the application. 8.
Hence, the following order.
ORDER
i) The application stands allowed.
ii) Marriage Petition No. P.A-1581 of 2022 stands transferred from the Family Court, Pune to the Court of Civil Judge, Senior Division, Kalyan and the proceeding under the Protection of Women from Domestic Violence Act, i.e. Petition No. 678 of 2023, stands transferred from the Court of Chief Judicial Magistrate, Pune to the Court of Magistrate at, Kalyan for hearing and disposal in accordance with law.
iii) The learned Judge, Family Court, Pune shall transfer the record and proceedings in Marriage Petition P.A. No. 1581 of 2022 with such dispatch that it reaches to the Court of Civil Judge, Senior Division, Kalyan, within a period of four weeks from the date of communication of this order.
iv) The learned Chief Judicial Magistrate, Pune shall transfer the record and proceedings in Marriage Petition No. 678 of 2023 to the Court of Magistrate, Kalyan with such dispatch that it reaches the Court of Magistrate, Kalyan, within a period of four weeks from the date of communication of this order.
v) The respondent is at liberty to appear before the Court of Civil Judge, Senior Division, Kalyan, through Video Conferencing. However, whenever the learned Civil Judge, Kalyan, considers it appropriate and directs the respondent to appear in person, the respondent shall appear before the Court of Civil Judge, Senior Division, Kalyan.
vi) No costs.
(N.J. JAMADAR, J)