UTKARSHA Vs. SWARESH

JUDGEMENT

(1.) This is an application under Section 24 of the Code of Civil Procedure by a wife for transfer of P.A.No.1377/2019 pending before the Family Court at Pune to the Court at Rahata, which is a proceeding for divorce instituted by respondent-husband.

(2.) The learned Advocate for the applicant submits that the parties have separated soon after the marriage on 18/1/2019. Since separation she has been residing with her parents at Rahata. On the date of filing of the application she was 36 weeks pregnant and has given birth to a child during pendency of the application. It is therefore difficult for her to commute between Rahata and Pune for attending the proceeding. He would also point out that she has already instituted a proceeding under the Protection of Women from Domestic Violence Act which is pending in a Court at Rahata. Similarly she has also instituted a proceeding for maintenance under Section 125 of the Cr.P.C. which is also pending at Rahata. Being unable to maintain herself she has claimed interim maintenance from the respondent. He is an Engineer working with L.T.E. company at Pune and earning Rs.80,000/- per month. No one is dependent on him. Therefore, looking to all the facts and circumstances, the applicant would face a greater hardship if the matter is allowed to continue at Pune than that would be faced by the respondent if it is transferred to Rahata. He would even otherwise be required to attend the two proceedings at Rahata.

(3.) In support of his submission the learned advocate also placed reliance on the following decisions :