LAWS(BOM)-2020-3-358

PRIYANKA AKSHAY PIMPALKAR Vs. AKSHAY SUGHI PIMPALKAR

Decided On March 11, 2020
Priyanka Akshay Pimpalkar Appellant
V/S
Akshay Sughi Pimpalkar Respondents

JUDGEMENT

(1.) The Application seeks transfer of the proceedings in Marriage Petition No.391 of 2017 filed by the Respondent- husband seeking divorce before the Family Court at Pune to the Court at Kalyan.

(2.) The Applicant-wife has instituted proceedings under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights in the Court at Kalyan and that was done by her in the year 2016. She seeks transfer of the proceedings in the Divorce Petition to Kalyan on the grounds spelt out in her Application. In paragraph 9 of the said Application, she has stated that she is afraid of travelling alone to Pune and, on every date, she has to be accompanied by her mother or younger brother. She has further stated that she is residing in Ulhasnagar with her younger brother and mother and she is not able to work anywhere because of the mental torture. On the contrary, it is the case of the Applicant that the Respondent-husband is working in Nextremer Solutions India Private Limited, Hadapsar, Pune and has sufficient source of income if he undertakes the travel.

(3.) Reading meaningfully, the transfer is sought on the ground that she apprehends some attack on her by the family members of the Respondent and, hence, she is scared to travel alone unaccompanied by an escort.