DR. ARCHANA Vs. DR. CHANDU VASUDEORAO WANJARE

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally by consent of learned counsel appearing for respective parties.

(2.) By this Application, the applicant seeks transfer of HMP No.123/2017 , instituted by the respondent-non applicant seeking divorce, pending on the file of Civil Judge, Sr.Dn. Gondia to the Court of Civil Judge, Sr.Dn. Bhandara.

(3.) The marriage between the applicant and non-applicant was solemnized on 202.2003 as per the rituals and customs prevailing in Boudha (Hindu) religion. The couple was blessed with two children. Initially, the relationship between the parties was cordial. However, due to the disputes between the parties which arose in the year 2015, the applicant started residing at her parents' house at Bhandara along with her children who are prosecuting their studies at Bhandara. The applicant has filed proceedings under section 9 of the Hindu Marriage Act for restitution of conjugal rights and the same are pending in the Court of Civil Judge Sr. Dn. Bhandara. The non-applicant has filed a divorce proceedings bearing HMP No.123/2017 in the Court of Civil Judge, Sr.Dn. Gondia. The applicant therefore prayed for transfer of HMP No.123/2017 filed by the nonapplicant to the the Court of Civil Judge, S.D. Bhandara.