SMRUTI NAVIN NAULAKHA Vs. NAVIN SUBHASH NAULAKHA

JUDGEMENT

(1.) THIS transfer petition has been filed by one Smruti Navin Naulakha who happens to be the respondent in Family Court Petition No. A-1038 of 2001 which is pending before Court No. 6 of Family Court at Bandra intending towards achieving the goal of dissolution of marriage by decree which has been filed by Navin Subhash Naulakha. Smruti called hereinafter for convenience as wife and Navin would be called for convenience as husband in the course of this order. The wife has filed this petition with a prayer to withdraw it from said Court No. 6 of Family Court, Bandra and to transfer for the decision according to law to Family Court, Pune. The spouses have an offspring out of the said wedlock, who happens to be a female child aged about 2? years old at present. Her name is Abha.

(2.) IN the present petition, wife has put forth her difficulties which she would face, according to her in attending said Family Court for trial of said matrimonial petition. The husband has resisted the said prayer of transfer by putting forth his difficulties. He submitted that this transfer petition is filed only for the purpose of putting extra pressure on the husband by wife for getting a better monetary bargain in the settlement. It has been submitted on behalf of the wife that wife does not intend to do that but her more important object is to protect the interest of her daughter Abha. This submission came forth on account of the averment made on behalf of the husband during the pendency of the said matrimonial petition in Family Court No. 6, Bandra that there was a talk of settlement between the spouses and a draft was prepared mentioning the terms and conditions, which was presented before the said Court but at last moment the wife turned and said no to said settlement. It has been alleged by the husband that wife wants to extract money from the husband which has been denied by saying that she does not want anything for herself but she wants some monetary arrangement to be made for Abha and interest of Abha should be protected throughout Abhas life and when she saw that she was made to sign on the said settlement deed without giving anything to Abha she declined the said settlement.

(3.) FOR transferring the said matrimonial petition from Family Court, Bandra to Family Court, Pune the wife has submitted that it would be a hardship to her and her daughter Abha, if they are required to attend the Family Court, Bandra on every date of hearing because she will have to bring Abha with her and that would be causing hardship to Abha. It has been also submitted that in coming June, Abha would be admitted to play group at Pune school and it would be very difficult for wife to take her to Mumbai for attending the hearing of matrimonial petition. The husband has submitted that the wife happens to be a Chartered Accountant and therefore, it is very difficult to accept that she may sign on the said settlement deed without understanding the meaning of it. It has been averred by the husband that wife is conducting coaching classes, but thereafter, it has been modified that she is working as a teacher or instructor in coaching classes imparting coaching to students at Pune. It has been alleged that stridhan has been given to the wife at the time of said settlement deed which has been denied by the wife at the time of hearing of this petition. Both the parties wanted to have the adjournment of the hearing of this transfer petition for the purpose of filing counter affidavits of denials in respect of stridhan and in respect of coaching classes averment. This Court refused the prayer for adjournment keeping in view the welfare of the child and in view of the provisions of section 21 of Hindu Marriage Act, 1955 (hereinafter referred to as, Hindu Marriage Act for convenience ). The parties would be entitled to deny such allegations and all other allegations which are permitted to be done by lawful means whenever it is so needed. The observations made in this order would not affect the merit of their respective cases in said matrimonial petition to be conducted in any Court.