SNEHAL Vs. NILESH

JUDGEMENT

(1.) With consent of both the sides heard finally at the stage of admission.

(2.) This is an application by a wife under Section 24 of the Code of Civil Procedure seeking transfer of Hindu Marriage Petition No.1/2020 filed by the respondent-husband and pending before the learned Civil Judge, Senior Division, Ambajogai to the Court of Civil Judge, Senior Division, Parbhani.

(3.) The applicant avers that she was married to the respondent on 24/5/2015 and started cohabiting with him at Parli Vaijnath, Dist.Beed. Her parental house is at Sailu, Dist.Parbhani. After cohabiting for some days, she was driven out firstly in the year 2016. Somehow the cohabiting resumed but again she was driven out in November 2019 from the in-laws place. It is thereafter, that the respondent has filed the Divorce proceeding in the Court at Ambajogai. She avers that her father is poor, does not have means of livelihood. She has therefore instituted a proceeding seeking maintenance under Section 125 of the Code of Criminal Procedure and also another proceeding for domestic violence under the provisions of Protection of Women from Domestic Violence Act 2005 (for short D.V.Act) both of which are pending in the Court at Sailu. He submits that because of her poor financial condition she would be unable to attend the divorce proceeding at Ambajogai. The respondent is resident of Parli Vaijnath. Considering the distance between Sailu and Ambajogai as against the distance between Parli Vaijnath and Parbhani, she would be put to greater inconvenience and expense if she is made to attend the divorce proceeding at Ambajogai. The respondent is a businessman having a grocery shop at Parli Vaijnath and can easily commute between Parli Vaijnath and Parbhani. She therefore prays that the divorce proceeding be transferred from Ambajogai to Parbhani.