Chetana Suresh Mane v. Suresh Bhagwan Mane

Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 290 OF 2024 Chetana Suresh Mane ...Applicant

Versus

Suresh Bhagwan Mane

...Respondent

Mr. Naveen Sharma, for the Applicant.

None for the Respondent.

CORAM:

N. J. JAMADAR, J.

DATE:

24th JANUARY 2025 ORDER:- 1.

Heard learned Counsel for the parties.

2.

This Application is preferred under Section 24 of the Code of Civil Procedure 1908 ("the Code"), seeking transfer of Petition No. A41 of 2024 pending on the file of Family Court at Alibag to the Family Court at Pune.

ARUN RAMCHANDRA SANKPAL 3.

The Applicant is the wife of the Respondent. Her marriage was solemnized with the Respondent on 20th February 2000. In the wake of ARUN RAMCHANDRA SANKPAL Date: 2025.01.30 09:22:57 +0530 marital discord, various proceedings have been filed. 4.

The Applicant had instituted a proceeding under the Protection of Women from Domestic Violence Act 2005 ("the DV Act") being Criminal Miscellaneous Application No. 344 of 2022 before the court of JMFC, 1/4

Court, Vadgaon Maval, Pune. The Applicant has also lodged a complaint with Talegaon Dabhade Police Station which was eventually transferred to Alibag Police Station and resulted in registration of CR No. 41 of 2022 at Alibag Police Station and resultant Criminal Case being RCC No. 83 of 2022.

5.

The Applicant alleges in order to harass the Applicant, the Respondent has filed a Petition for Restitution of Conjugal Rights before the Family Court at Alibag being Petition No. A-41 of 2024. The Applicant has filed Criminal Application No. 222 of 2023 for transfer of RCC NO. 83 of 2022 and the instant Application for transfer of Petition No. A-41 of 2024 from the Family Court at Alibag to the Family Court at Pune as the Applicant has no means to attend proceedings at Alibag. The daughter and old mother of the Applicant are dependent on her. She is in financial distress.

6.

Notice was duly served on the Respondent. The Respondent has not entered appearance.

7.

The learned Counsel for the Applicant invited the attention of the Court to an Order dated 8th January 2025 passed in Criminal Application No. 222 of 2023 whereby RCC No. 83 of 2022, pending before the learned JMFC, Alibag, has been transferred to the Court of learned JMFC, Vadgaon Maval, Pune. It was submitted that two proceedings filed at the instance of the Applicant already stand 2/4

transferred to the Courts at Pune. Having regard to the situation in which the Applicant finds her-self, it is necessary to transfer the Petition for Restitution of Conjugal Rights as well to the Family Court at Pune. 8.

The averments in the Application have gone uncontroverted. The Applicant is residing at Pune. The Applicant claims that she is in a state of destitution. Since two proceedings are already subjudice before the Court at Vadgaon Maval, and it appears that the continuation of the proceeding before the Family Court at Alibag will entail extreme inconvenience and hardship to the Applicant, it would be expedient in the interest of justice that the Petition No. 41 of 2024 pending on the file of Family Court at Alibag is transferred to the Family Court at Pune. 9.

Hence the following order:

O R D E R

(i) Application stands allowed in terms of prayer clause (b). (ii) The Marriage Petition A-Petition No. 41 of 2024 pending on the file of Family Court at Alibag stands transferred to the Family Court at Pune for hearing and disposal in accordance with law. (iii) The learned Judge, Family Court, Alibag shall transfer the record and proceedings in Marriage Petition No. 41 of 2024 with such dispatch 3/4

that it reaches the Family Court at Pune within a period of four weeks from the date of communication of this order. Application disposed.

[N. J. JAMADAR, J.] 4/4