SONALI Vs. GIRISH

JUDGEMENT

(1.) This is an application filed by the wife under Sec. 24 of the Code of Civil Procedure, 1908 (the "CPC") seeking to transfer the divorce petition filed by the respondent-husband from the Family Court, Nagpur to the Civil Judge, Senior Division, Panvel.

(2.) Mr. Tekale, learned Counsel for the Applicant would submit that although respondent has been served, he has chosen to remain absent and also not represented. Learned Counsel draws the attention of this Court to the order dated 29 th August, 2023 and submits that the respondent was not represented on the earlier occasion as well and this Court has recorded that if the respondent does not appear on the next date or is not represented, this Court would hear the applicant and pass appropriate orders. Learned Counsel would, therefore, urge this Court to hear the application.

(3.) Mr. Tekale, learned Counsel for the applicants would submit that the marriage between the applicant and the respondent was solemnized on 8/6/2010 at Yavatmal. Since then the parties stayed at Yavatmal. He would submit that on 8 th October, 2011 a son was born from their wedlock. That initially things were normal. However, as time progressed the respondent-husband ill- treated the applicant-wife and subjected her to regular assaults between the years 2010 to 2021. The applicant was subjected to mental and physical harassment at the hands of the respondent. During this period between 28/3/2021 and 30/3/2021 the petitioner was grievously assaulted by the respondent- husband with a cricket bat in front of his mother, father and son. Learned Counsel would submit that during this period, the applicant and respondent first moved from Yavatmal to Thane and during the Covid period the respondent shifted to Nagpur and on 2/4/2021 the applicant's father shifted the applicant and her son to the relatives in Nagpur considering danger to the life of the applicant. On 4/4/2021 the applicant was shifted to Kharghar, Navi Mumbai, where she filed a criminal complaint at Kharghar Police Station against the respondent for inflicting physical assault on her with a cricket bat. Thereafter on 23 rd August, 2021, the applicant filed a petition under the Domestic Violence Act seeking maintenance and protection against the respondent before JMFC, Panvel. On 5 th February, 2022 the respondent filed a divorce petition at the Family Court, Nagpur.