KRUTIKA RITESH ARYA Vs. RITESH LAXMAN ARYA

JUDGEMENT

(1.) By this miscellaneous civil application filed under Section 24 of the Code of Civil Procedure, 1908, the applicant seeks transfer of the Petition bearing No.HMP 777/2014 filed by the respondent husband against the applicant before the Court of Civil Judge, Senior Division, Kalyan to the Family Court at Nashik for hearing and final disposal on merits. Some of the relevant facts for the purpose of deciding this application are as under :-

(2.) The applicant and the respondent were married on 17th January 2012 at Nashik as per Hindu rites and customs. It is the case of the applicant that the respondent works at TCS at Mumbai and resides at Badlapur. It is the case of the applicant that in view of the harassment by the respondent and his family members and due to various reasons recorded in the miscellaneous civil application, the applicant was compelled to leave her matrimonial home and shift to her parents house situated at Nashik. On 8th February 2013, the applicant delivered a baby boy out of the wedlock of the applicant and the respondent. The applicant was served summons from the Kalyan District Court in HMP Case No. 777/2014 filed by the respondent under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 inter alia praying for divorce. The applicant has not filed any proceedings against the respondent.

(3.) Learned counsel appearing for the applicant submits that the distance between Nashik and Kalyan is about 120 kms and if the applicant is asked to attend the proceedings at Kalyan, the applicant will face innumerable contingencies and hardship. He submits that the applicant has to look after the baby who is 2 years and 11 months old now. He submits that if the applicant takes a child along with her who is very delicate to travel with the child, the child will be infected with various diseases.