SHAILESH RAVINDRA BORUDE Vs. JAYASHREE SHAILESH BORUDE

JUDGEMENT

(1.) The applicant/husband in Miscellaneous Civil Application No. 88 of 2021 is seeking transfer of Hindu Marriage Petition No.161 of 2019 fled by respondent/wife for restitution of conjugal rights from the Court of Civil Judge Senior Division at Jalgaon (hereafter "C.J.S.D., Jalgaon" for short) to the Court of Civil Judge Senior Division, Ahmednagar (hereafter "C.J.S.D., Ahmednagar" for short). On the contrary, the applicant/wife in Miscellaneous Civil Application No. 104 of 2020 has sought transfer of Hindu Marriage Petition No. 11 of 2020 fled by the respondent/husband for getting divorce from the Court of C.J.S.D., Ahmednagar to the Court of C.J.S.D., Jalgaon. Both these petitions are fled by the husband and wife against each other. To avoid the ambiguity, the parties in these applications are referred as per their matrimonial status i.e. husband and wife.

(2.) According to the wife, she is not having any independent source of income and the distance between her residential place i.e. Jamner to Ahmednagar is of 245 Kilometers. Moreover, she has also fled two proceedings in the Court of Judicial Magistrate First Class, Jamner namely Criminal Miscellaneous Application No. 356 of 2017 under the provisions of Protection of Women from Domestic Violence Act, 2005 and Regular Criminal Case No. 55 of 2018 under Ss. 498-A, 354, 323, 504, 506 r/w 34 of Indian Penal Code against the husband and his family members. The husband and his family members have already appeared in these proceedings. Besides these proceedings her Hindu Marriage Petition No.161 of 2019 for restitution of conjugal rights also pending in the Court of C.J.S.D., Jalgaon wherein the husband is appearing.

(3.) On the other hand, the husband is claiming that he is a Teacher by profession and ready to pay the travelling charges, if the wife has to attend the proceedings at Ahmednagar.