ASHA @ DEEPA RAMCHAND SHARMA Vs. RAMCHAND LAXMANDAS SHARMA

JUDGEMENT

(1.) IN this Misc. Civil Application made under section 23(3) and 24 r/w Section 151 of the Code of Civil Procedure, 1908, the petitioner Smt.Asha @ Deepa Ramchand Sharma prays that Marriage Petition No.99 of 1990 be transferred from the court of Second Joint Civil Judge, Senior Division at Jamnagar (State of Gujarat) for its hearing and disposal and also transfer of Misc. Application no.150 of 1990 from the Court of IIIrd Additional District Judge, Thane to the court of District Judge at Jamnager for hearing and disposal of the said application.

(2.) THE parties viz. Smt.Asha and the Respondent Shri Ramchand Sharma married sometime in the year 1981. Out of the wedlock, two sons and one daughter were born. It appears that after sometime, the matrimonial dispute arose between the parties and the allegation of the wife is that in the year 1988, she was thrown down from the first floor of the building by the husband. The wife further alleges that the husband and his family members have been constantly harassing and ill-treating her. In the month of November, 1989, the wife went to her parents' place alongwith her youngest daughter and left behind the two sons. When she came back, she was not allowed to see her two sons and was pressed for giving mutual divorce. In these circumstances, the wife made an application in the District Court, Thane, seeking custody of her two sons and the said application was transferred to the Addl. District Judge, Thane. The wife also claimed interim custody of the two sons and the trial court granted interim custody to the wife and the said order was maintained by this court. The said application for custody is still pending in the court of 3rd Addl. District Judge, Thane. The grievance of the wife is that she is not in a financial position to come to attend the hearing of the said proceedings and that the proceedings in Misc. Application No.150 of 1990 be transferred from IIIrd Addl. District Judge, Thane to the District Judge, Jamnagar. The wife further submits in the application that after the husband was served with the notice of the aforesaid proceeding, he filed divorce petition against her and that is pending in the court of Second Joint Civil Judge, Senior Division, Thane. The wife submits that the maintenance pendente lite granted to her and children at the rate of Rs.2000/- per month and the litigation expenses of Rs.5000/- are not sufficient to defend the divorce proceedings taken out by the husband at Thane and the pendency of the said proceedings there is causing great inconvenience to the wife. The wife submits that she was to come all the way from Jamnagar to (Thane) Bombay to defend the divorce proceedings taken out by the husband and to pursue the application for custody of children and it is causing great harassment to her and husband is interested that wife is harassed as long as possible. In this background, the wife has prayed for transfer of the aforesaid proceedings to the courts at Jamnagar.

(3.) I have heard Mr.Mulchandani the learned counsel for the applicant and Mr.Kanuga, the learned counsel for Respondent at quite some length, and also perused the application for transfer, the affidavit-in-reply filed by the husband and the citations relied upon by the learned counsel for the parties.