Akshada Suraj Pawar v. Suraj Abhiman Pawar

Judgment

#1. This Miscellaneous Civil Application is filed by the applicant- wife under Section 24 of the Civil Procedure Code, 1908 to transfer Marriage Petition (M.P.) No. 92 of 2022 which is pending

before the Civil Judge Senior Division, District: Shrigonda, Ahmednagar to Civil Judge Senior Division, Khed District: Pune.

#2. The Applicant’s case is that her marriage was solemnized on 30th June 2020 at Pune. During her stay at the matrimonial home she was subjected to various acts of Domestic Violence by the Respondent. On 20th March 2021 a daughter was born out of the wedlock. The Applicant was forced out of the matrimonial home and is compelled to stay at her paternal home. Despite notices Sumedh issued in January and 25th March 2022, the Respondent refused to cohabit with the Applicant. The Respondent filed a Marriage Petition No 92 of 2022 for divorce at Civil Judge Senior Division, District: Shrigonda under section (u/s) 13 (1) (ia) & 26 of the Hindu Marriage Act, 1955.

#3. The learned counsel for the Applicant submitted that the Applicant is residing at paternal home at Pune. She has no source of income and is totally dependent on her parents. She unable to travel to Pune as she has to nurture a one and a half year old child. Besides, she has no one to accompany her to Shrigonda each time she is required to remain present in Court. The distance from Pune to Shrigonda is around 150 – 200kms, would take considerable time and cause undue hardship and expense. On the other hand the Respondent has multiple business and is well placed in life. Consequently, he submitted that the transfer Application be allowed.

#4. None appeared for the Respondent though served.

#5. The law with respect to transfer of proceedings, particularly matrimonial disputes, is no longer res-integra, The ratio laid down by the Hon'ble Supreme Court in the cases of Sumita Singh v.