SAPANA SHEKHAR POKALE Vs. SHEKHAR PANDHARINATH POKALE

JUDGEMENT

(1.) Rule, returnable forthwith. By consent of the parties, heard finally.

(2.) This petition under Article 227 of the Constitution challenges the order dated 10th April,2017 passed by the learned Principal Judge, Family Court at Pune whereby an application filed by the respondent husband under section 24 of the Code of Civil Procedure praying for transfer of the proceedings of P.A. No.1042/2014 from the Family Court No.5 to any other court came to be granted by transfer of the proceedings from the Family Court No.5 to Family Court No.1 at Pune.

(3.) On 25th January,2017 in the proceedings of the matrimonial petition, Civil Miscellaneous Application No.14 of 2017 came to be filed by the respondent under section 24 of the Code of Civil Procedure inter alia on the ground that the learned Presiding Officer of the Family Court No.5 had passed certain orders which were prejudicial to the interest of the respondent. The nature of the order was to direct the respondent to provide a rented accommodation to the petitioner at Loni Kalbhor when already an accommodation was arranged by the respondent at Sinhgad Road at Pune. The contention of the respondent was that in the whole process, the rent which was deposited by the respondent to the landlord of the Sinhgad Road premises was wasted and the applicant had suffered a loss of Rs.1,10,000/- and that additionally the Presiding Officer, Family Court No.5 had directed the applicant to pay Rs.1,05,000/- as rent from January 2016 to July 2016 at the rate of Rs.15,000/- per month. It is categorically averred in the application that because of the said orders passed by the learned Presiding Officer of Family Court No.5, injustice is caused to the applicant. It was the case of the respondent that the orders are passed in favour of the petitioner without taking into account the facts and reality of the income of the respondent and for these reasons, the respondent had no faith in the learned Presiding Officer of Family Court No.5. It is in these circumstances and on these averments, the application came to be moved seeking transfer of the proceedings in the said proceedings from Family Court No.5 to any other court.