ORAL JUDGMENT :
1. Heard.
2. RULE. Rule made returnable forthwith.
3. By this application under Section 24 of the Code of Civil Procedure, the applicant/ wife seeks transfer of Hindu Marriage Petition filed by the non-applicant and pending before Family Court at Nagpur to the
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Court of Civil Judge Senior Division, Mangrulpir. The transfer of proceedings is sought on the ground that the distance between Nagpur and Mangrulpir is about 250 kilometers and it is not possible for the applicant to travel this distance to attend the proceedings, and she is required to take care of two year old daughter. It is submitted that the mother of the applicant is aged about 75 years and there is no other person in the family of the applicant either to escort the applicant to Mangrulpir or to take care of her minor daughter. It is submitted that though the applicant has two brothers, one of them is residing at Akola and the other brother is required to look after the agricultural land.
4. The application is opposed by the non-applicant on the ground that the proceedings are filed before the competent Court and they cannot be transferred only for the asking by the applicant. It is submitted that the grounds on which the proceedings are sought to be transferred cannot be accepted and the applicant should attend the proceedings at Mangrulpir. It is submitted that the non-applicant is willing to bear the expenses of travelling of the applicant.
To support the arguments, reliance is placed on the following judgments:
i) Judgment given by the Hon'ble Supreme Court in the case of Santhini Vs. Vijaya Venketesh, in Transfer Petition (Civil) No. 1278/2016 & Transfer Petition (Civil) No.422 of 2017,
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ii) Judgment given by the Hon'ble Supreme Court in the case of Anindita Das Vs. Srijit Das, in Transfer Petition (Civil) No. 191 of 2005,
iii) Judgment given by the Hon'ble Supreme Court in the case of Preeti Sharma vs. Manjit Sharma in Transfer Petition (Civil) Nos. 117-18 of 2004,
5. After considering the rival submissions, I am of the view that the difficulties expressed by the applicant are genuine, specially that she is required to take care of two year old daughter.
6. Hence, the following order:
i) The proceedings of Hindu Marriage Petition No. A-442 of 2017 filed by the non-applicant and pending before the Family Court, Nagpur are transferred to the Court of Civil Judge Senior Division, Mangrulpir.
ii) The applicant and the non-applicant shall appear before the Civil Judge Senior Division, Mangrulpir on 15thJune, 2018 at
11.00 a.m. and abide by further orders in the matter. Rule is made absolute in the above terms. In the circumstances, the parties to bear their own costs.
JUDGE
RRaut..
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