Mrs Harshala Suraj Rawal v. Mr Suraj Mahendra Rawal

903. MCA-110-2024.docx Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION MISC. CIVIL APPLICATION NO. 110 OF 2024 Harshada Suraj Rawal .. Applicant

Versus

Suraj Mahendra Rawal .. Respondent ....................

 Mr. Vishal M. Dhamal for Applicant ...................

CORAM : MILIND N. JADHAV, J.

DATE : SEPTEMBER 25, 2024 P. C.

:

1.

Heard Mr. Dhamal, learned Advocate for Applicant. 2.

Office note shows that notice issued to Respondent has been duly served. None appears for Respondent today when called out. Present Misc. Civil Application (MCA) cannot be protracted any further.

3.

Present MCA seeks transfer of Marriage Petition No. 479/2023 filed by Respondent - husband pending before the Court of Ld. Civil Judge Senior Division, Niphad to the Court of Civil Judge Senior Division, Kalyan.

4.

Applicant is residing in Kalyan (W) along with her parents. Proximity of distance between the two destinations and the grounds enumerated in paragraph No. 6 of the MCA clearly make out the case for allowing the present MCA. Applicant would require company of her parent to attend the scheduled dates of hearing. According to the

903. MCA-110-2024.docx instructions received by Mr. Dhamal, Respondent is running a garment shop in Niphad, Dist. Nashik. In that view of the matter, it can always be possible for the Respondent to undertake the journey to travel to Kalyan so as to ameliorate the exigency and difficulty / hardship that would be caused to the Applicant - wife. Supreme Court in its decision in the case of N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha1 in so many words has held that considering the prevailing socio-economic paradigm in the Indian Society, it is the wife's convenience which must be looked at while considering such a transfer. 5.

In view of the above, present MCA is allowed in terms of prayer clause (a) which reads thus:- "(a) the Marriage Petition No. 479/2023 pending before the Court of Ld. Civil Judge Senior Division, Niphad be transferred to Court of Ld. Civil Judge Senior Division, Kalyan to try and entertain the same." 6.

An apprehension is expressed by Mr. Dhamal that before filing the present MCA, Marriage Petition was listed for exparte order in view of absence of the Applicant to attend the said proceedings. If any such order is passed against the Applicant in the Marriage Petition, the same shall stand quashed and set aside. If such order is not passed, the Marriage Petition shall be transferred to the transferee Court and shall proceed strictly in accordance with law. 7.

MCA is disposed.

by RAVINDRA MOHAN AMBERKAR Date: 2024.09.26 11:54:19 +0530 Amberkar [ MILIND N. JADHAV, J. ] RAVINDRA MOHAN AMBERKAR AIR 2022 SC 4318