RAMA DINESH LAHOTI Vs. DINESH HARIKISHAN LAHOTI

JUDGEMENT

(1.) This is an Application filed by the Applicant-wife seeking transfer of Marriage Petition No.1504 of 2021 filed by the Respondent- husband for divorce before the Civil Judge Senior Division, Pune to the Family Court at Sangli.

(2.) Mr.Makrand Kale, learned Counsel for the Applicant-wife would submit that inspite of service of notice, the Respondent-husband has not been remaining present, although he has appointed an Advocate for another proceeding challenging the Domestic Violence Court order before another Bench of this Court. Learned Counsel would submit that the stage at which the proceedings before the Pune Court was stayed, was for filing of written statement.

(3.) Mr.Kale, learned Counsel for the Applicant, referring to the background of the matter, would submit that the Applicant and the Respondent were married on 11/2/2017 at Sangli. However, soon thereafter, the Respondent-husband and his mother and father started ill-treating her and also assaulted her. Thereafter, the Applicant-wife called her brother and requested him to take her away. Again, in the month of June 2017, the Applicant-wife was assaulted. Therefore, in July 2017, the Applicant-wife returned to her parental home at Sangli. Learned Counsel would submit that the Applicant-wife does not have any source of income although she is an Advocate. That, due to the mental and physical harassment, she is unable to practice properly. Learned Counsel would submit that the Applicant-wife had also filed an Application for protection and maintenance under the Protection of Women from Domestic Violence Act, 2005 and is receiving a maintenance of Rs.7,000.00. Learned Counsel would submit that although the Respondent-husband is well to do, he is still in arrears for non-payment of the maintenance. Learned Counsel would submit that the distance between Sangli and Pune is about 250 kilometers one way and the Applicant-wife does not have any relatives in Pune with whom she can stay when she visits Pune for attending to the matter. He submits that, on the other hand, the Respondent- husband, who has remained absent in this matter, is an Engineer and doing job in Infosys Company, earning a monthly salary of Rs.95,000.00, besides having a cloth shop at Village Dhamangaon, District Amravati. Learned Counsel would submit that, therefore, while it does not appear that the transfer would be inconvenient to the Respondent but as mentioned above it would be inconvenient for the wife to travel to Pune and this Court therefore be pleased to transfer the Divorce Petition filed by the Respondent-husband to Sangli Family Court.