TRISHALA VAIBHAV JAIN Vs. VAIBHAV MANOJ JAIN

JUDGEMENT

(1.) This application has been filed by the Applicant-wife seeking transfer of Hindu Marriage Petition No.24 of 2021 filed by the Respondent-husband for dissolution of marriage and pending before the Family Court at Alibaug to the Family Court at Pune.

(2.) Earlier the marriage between the Applicant and the Respondent was solemnized on 5/12/2017 at Lonawala, Pune as per Jain religious customs as both the parties belong to Jain religion. It is submitted in the application that initially the Applicant-wife and Respondent-husband were staying happily with the mother of the Respondent at Alibaug. However, it is submitted that after few days of marriage, the Respondent and his mother started subjecting the Applicant to cruelty and the Respondent with the help of his mother threw the Applicant out of the matrimonial home due to which she is forced to stay with her parents at Daund. It is submitted that the Applicant is a graduate but unemployed and therefore, has no source of income of her own on the basis of which she can sustain; that she is totally dependent on her old parents who also are not having any source of income. That earlier her father was having only a very marginal source of income.

(3.) Mr.Kasar, learned counsel for the Applicant would submit that the Applicant is staying with her parents and surviving on the basis of some meagre income that they derive from agriculture although the Applicant has a brother but he resides separately with his family. Learned counsel submits that therefore, the Applicant does not have any source of income of her own to travel from Daund to Alibaug which is 223 kms one way and also does not have any one to accompany her during such travel. Learned counsel would submit that therefore it is not only inconvenient for the Applicant to travel to Alibaug but also would cause undue hardship to her every time the matter is listed in Alibaug Court. Learned Counsel would submit that although she is eagerly desirous of cohabiting with the Respondent-husband, the Applicant has prayed that the matter be transferred to the Family Court, Pune in which jurisdiction the marriage has been solemnized and which would be around 60 to 70 kms for her one way and 150 kms for the Respondent-husband to travel from Alibag to Pune. That the Respondent has several sources of income from different businesses and he would have no difficulty in travelling from Alibaug to Pune. Therefore, he urges the court that the marriage petition pending in the Alibaug Court be transferred to the Family Court at Pune.