RITA MANANPRASAD BHONDEKAR Vs. MANANPRASAD TRARACHAND BHONDEKAR

JUDGEMENT

(1.) THIS is an Application made under section 24 of the Code of Civil Procedure, 1908 (hereinafter referred to as the said Code). The Applicant is the wife of the Respondent. The marriage between the Applicant and the Respondent was solemnised at Mumbai on 22nd December, 1999. The Respondent filed Marriage Petition No.98 of 2006 against the Applicant in the Court of the Civil Judge, Senior Division at Bhandara for a decree of divorce. The prayer in this Application is for transfer of the said Petition to the Family Court at Bandra, Mumbai.

(2.) THE Applicant has contended that from 25th March, 2001 she is residing in her parents' house at Santacruz, Mumbai. According to the Applicant she is employed as a laboratory technician in a private hospital at Mumbai. According to the case of the Applicant, the Respondent has a place of residence both at Bhandara and Nagpur and he has been carrying on business at Nagpur. According to the case of the Applicant, the distance between Mumbai and Bhandara is approximately 550 to 600 Kms. According to the case of the Applicant, there is no one in her family who is in a position to accompany her to Bhandara for attending the court proceedings. According to the Applicant, she is in depressed condition and has a genuine difficulty in undertaking a long journey from Mumbai to Bhandara. A case is made out that the Respondent has a large earning from his business and he visits Mumbai every month for the purposes of his business. The Applicant has contended that the Court of learned Civil Judge, Senior Division at Bhandara has no jurisdiction to entertain and try the Petition filed by the Respondent.

(3.) I have heard the submissions of the learned counsel appearing for the parties. Both the learned counsel have relied upon the factual assertions made by the parties in their respective pleadings. The learned counsel for the Respondent submitted that the present Application arises in judicial district of Bhandara and therefore, in view of rule 1 of Chapter XXXI of the Appellate Side Rules, this Application ought to have been presented at the Nagpur Bench of this Court. He submitted that only on this ground the Application cannot be entertained. He submitted that no case is made out for passing order of transfer and if such order is passed, it will be impossible for the Respondent to attend to the proceeding in the Family Court at Mumbai.