Aishwarya Mani Nair v. Praveen Prakash Pillai
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 536 OF 2024 Aishwarya Mani Nair ...Applicant
Versus
Praveen Prakash Pillai
...Respondent
Ms. Jonita Pareira, i/b Yogendra Kanchan, for the Applicant. SANTOSH SUBHASH KULKARNI
CORAM:
N. J. JAMADAR, J.
DATED:
21st MARCH, 2025 SANTOSH SUBHASH KULKARNI Date: 2025.03.25 18:44:35 +0530 Order:- 1.
Heard the learned Counsel for the applicant.
2.
The applicant - wife has preferred this application seeking transfer of Civil Misc. Application No.126 of 2024 filed by the respondent for custody of the child under Section 25 of the Guardians and Wards Act, 1890 and Section 26 of the Hindu Marriage Act, 1955 from the District Court at Kalyan to the Family Court at Mumbai.
3.
The marriage of the applicant was solemnized with the respondent on 30th May, 2019. They are blessed with a daughter. In the wake of the marital discord, the applicant has been constrained to file petition for dissoloution of marriage i.e. Petition No.A491 of 2023 before the Family Court at Mumbai. The applicant asserts, to give a 1/3
counterblast, the respondent has filed a proceeding for custody of child being Civil Misc. Application No.126 of 2024 before the District Court at Kalyan.
4.
The applicant is residing at Dombivali. The applicant is working as a Banker. It would be inconvenient for the applicant to attend the proceedings in Civil Misc. Application No.126 of 2024 before the District Judge at Kalyan. 5.
Notice was ordered to be issued to the respondent. An affidavit of service is filed.
6.
Notice sent on the address of the respondent at Mumbai has been served.
7.
It appears that the respondent is residing at Mumbai also. In these circumstances, it would be expedient in the interest of justice to transfer the proceedings in Civil Misc. Application No.126 of 2024 from the District Court at Kalyan to the Family Court at Mumbai, where Petition No.A491 of 2023 is subjudice. The trial of both the proceedings before one and the same Court would advance the cause of justice. 8.
As regards the inconvenience of the applicant, the averments in the application have gone uncontroverted. Having regard to the situation in life of the applicant, it appears that the applicant would suffer extreme 2/3
inconvenience and hardship if Civil Misc. Application No.126 of 2024 is tried before the District Court at Kalyan. 9.
It is trite that in the matter of transfer of matrimonial proceedings, ordinarily, it is the convenience of the wife which commands precedence. I am, therefore, inclined to allow the application.
10.
Hence, the following order:
: O R D E R :
(i) The application stands allowed.
(ii) Civil Misc. Application No.126 of 2024 pending on the file of District Court at Kalyan stands transferred to the Family Court at Mumbai, for hearing and disposal in accordance with law alongwith Petition No.A491 of 2023.
(iii) The learned District Judge at Kalyan, shall transfer the record and proceedings in Civil Misc. Application No.126 of 2024 with such dispatch that it reaches the Family Court at Mumbai, within a period of four weeks from the date of communication of this order. (iv) Application stands disposed.
No costs.
[N. J. JAMADAR, J.] 3/3