Shubhangi Kalpesh Parmar v. Kalpesh Narendra Parmar

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. 145 OF 2024 Shubhangi Kalpesh Parmar .. Applicant

Versus

Kalpesh Narendra Parmar .. Respondent ....................

 Ms. Trushna Shah a/w Mr. Aniket Shitole & Mr. Pratik Sabrad i/by Ms. Trushna Shah for Applicant  Mr. Akash Kavade for Respondent ...................

CORAM : MILIND N. JADHAV, J.

DATE : OCTOBER 4, 2024 P. C.

:

1.

Heard Ms. Shah, learned Advocate for Applicant and Mr. Kavade, learned Advocate for Respondent.

2.

Present Misc. Civil Application (MCA) seeks transfer of Marriage Petition filed by Respondent - husband pending before 2nd Joint Civil Judge Senior Division, Kalyan, Thane to Family Court at Pune. 3.

It is seen that both Applicant and Respondent are highly educated. Applicant is residing in Pune and is employed as a tuition teacher. Respondent is at present working in Saudi Arabia as Account Energy Manager.

4.

Ms. Shah would submit that considering proximity of distance between the two destinations which Applicant will have to traverse as also considering the meager income of the Applicant and Applicant

requiring accompaniment of an elder / parent to attend the proceedings in Kalyan, hardship of the Applicant is evidence and hence considering the grounds stated in the MCA, this Court be pleased to allow the MCA.

5.

Perused the grounds stated in the MCA and it is seen that Applicant is the sole breadwinner of the family at present as also required to take financial assistance from her relatives, the difficulty and hardship expressed by the Applicant when perused in the MCA appear to be believable.

6.

Per contra Mr. Kavade would submit that Respondent is ready and willing to provide expenses that would be incurred by Applicant for attending the proceedings at Kalyan. That apart he would submit that Applicant can appear in the proceedings through VC in the event if she has difficulty to travel for conducting the proceedings at Kalyan. He would submit that present MCA be rejected. 7.

After hearing both the learned Advocates and perusing the pleadings, it is seen that the difficulty expressed by Applicant - wife in the past as narrated in the MCA as also the difficulty and hardship that she would encounter to attend the proceedings at Kalyan far outweigh the submissions made by the learned Advocate for Respondent.

8.

Considering the ethos of Section 24 as elucidated by the Supreme Court in the case of N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha1 in matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.

In that view of the matter, Applicant has made out a case for allowing the present MCA looking to the hardship that she would be encountered. Present MCA is therefore stands allowed in terms of prayer clause (a) which reads thus:- "(a) This Hon'ble Court be pleased to transfer proceedings Marriage Petition No. 93 of 2024 filed and pending in the file of Ld. 2nd Joint Civil Judge, Senior Division, Kalyan, Thane to be heard and tried at Ld. Family Court, Pune."

9.

All the concerned Courts shall take cognizance of a server copy of this order and shall not insist on a certified copy of the order and act accordingly for transfer and re-registration of the proceedings as expeditiously as possible and in any events within two weeks from the AIR 2022 SC 4318

date of presentation of a server copy of this order to the Courts by the Advocates for the parties.

10.

MCA is allowed and disposed.

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2024.10.04 19:13:04 +0530 RAVINDRA MOHAN AMBERKAR