Mrs Sneha Pravin Mundhe v. Mr Pravin Raghunath Mundhe
HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.167 OF 2024 Sneha Pravin Mundhe .. Applicant
Versus
Pravin Raghunath Mundhe .. Respondent ....................
Mr. Rajesh More, Advocate for Applicant.
Mr. Vikrant Khare, Advocate for Respondent.
...................
CORAM
: MILIND N. JADHAV, J.
DATE : SEPTEMBER 25, 2024 P.C.
:
1.
Heard Mr. More, learned Advocate for Applicant and Mr. Khare, learned Advocate for Respondent.
2.
This Miscellaneous Civil Application seeks transfer of Marriage Petition No.585 of 2023 filed in the Court of Civil Judge Senior Division, Panvel to the Family Court, Pune. 3.
Apart from the proximity of distance, the hardship of Applicant - wife is clearly evident as she has to traverse the distance between the two destinations to attend the proceedings in Panvel. Considering the hardship that she will have to encounter, the Miscellaneous Civil Application deserves to be allowed. Applicant - wife has also filed proceedings under the under the Protection of Women from Domestic Violence Act, 2005 (for short 'D.V. Act'). 4.
One of the submission made by Mr. Khare is that both the
proceedings be heard on the same date. To this submission, Mr. More has agreed.
5.
Mr. Khare would further submit that he is ready and willing to provide the expenditure that would be incurred by the Applicant - wife for attending the scheduled dates of hearing in Panvel. However considering the imprimatur of the Supreme Court in the case of N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha1, and the fact that considering the socio-economic paradigm in the Indian Society, the convenience of the wife will have to be considered and looked at while considering such an Application, the Miscellaneous Civil Application deserves to be allowed.
6.
In view of the above, Miscellaneous Civil Application is allowed in terms of prayer clause (a) which reads thus:- "a) The Hon'ble Court may pleased to transfer Marriage Petition No. 585 of 2023 pending before the Learned Civil Judge Senior Division, Panvel u/s.13(1)(i)(ia) of the Hindu Marriage Act, 1955 to the Learned Family Court, Pune."
7.
The Respondent - husband if he so applies to the Family Court, Pune shall be permitted to appear through Video Conferencing and his physical presence can be dispensed with, if not required. 8.
Mr. Khare would submit that he may be permitted to appear through Video Conferencing in the proceedings under the D.V. Act also. He is at liberty to make an appropriate Application to the Court AIR 2022 SC 4318.
in accordance with law.
9.
With the above directions, Miscellaneous Civil Application is allowed and disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ] Digitally signed by HARSHADA HANUMANT SAWANT Date:
2024.09.26 13:06:05 +0530 HARSHADA HANUMANT SAWANT