SUPRABHA NITESH PATIL Vs. NITESH GAJANAN PATIL

JUDGEMENT

(1.) Both the Husband and Wife have filed Miscellaneous Civil Applications for transfer of the proceedings. Wife is seeking a relief of transfer of Husband's petition from Family Court at Bandra to Civil Judge, Senior Division, Kalyan and the Husband is seeking transfer of petition filed by the wife before Civil Judge, Senior Division, Kalyan to the Family Court at Bandra. In order to avoid conflicting judgments, it is necessary to club the petitions, hence either the petition filed by the Husband for transfer has to be allowed or else the petition filed by the wife has to be allowed.

(2.) Factually, there is no dispute that the Husband has first filed divorce petition on 5/12/2022 before the Family Court at Bandra, Mumbai. The wife thereafter on 14 th December 2022 filed a divorce petition before the Civil Judge, Senior Division, Kalyan. The wife is residing with her parents and elder brother at Ambivali, Kalyan and the Husband is staying at Sewree, Mumbai. The distance between the two places is around 50 kms. The Husband is working in the Sales Department in Nexa Showroom in Mumbai and the wife is a Homemaker.

(3.) Learned Advocate appearing for the Husband has referred to the provisions of Sec. 21-A of the Hindu Marriage Act, 1955 and has argued that the said provisions are clear and more particularly sub- Ss. (1) (a) and (2) (b) of Sec. 21-A. Therefore, according to him, there is no option but to transfer proceeding filed by the wife to the Family Court at Bandra, Mumbai, where the proceeding filed by the husband is pending.