Oral Judgment:
Rule. Rule made returnable forthwith. By consent, heard finally.
2. This application is filed for transfer of the proceedings of Hindu Marriage Petition No. 161 of 2007 pending before the Court of the Civil Judge, Senior Division, Kalyan to the Court of the Civil Judge, Senior Division, Jalgaon. Since the facts of the case are stated by the applicant in the application, as and when it is necessary this Court will refer the said facts, however, it is not necessary for the purpose of deciding this application to reproduce the facts.
3. The learned Counsel appearing for the applicant submits that, the distance between Jalgaon to Kalyan is more than 400 Kms. And therefore, it is inconvenient for the applicant-wife to travel from Jalgaon to Kalyan to attend the proceedings instituted by the respondent-husband. It is submitted that, Special Civil Suit No. 208 of 2011 is filed by the respondent-husband before the Civil Court at Jalgaon for compensation against the applicant, which is pending. It is submitted that, other two proceedings instituted by the applicant, (1) under Protection of Women from Domestic Violence Act and (2) H.M.P. No.107 of 2011 for Restitution of Conjugal Rights, are pending before the Court at Jalgaon. In addition to this, it is submitted that, four years son is residing with the applicant. Therefore, the learned Counsel appearing for the applicant submits that, Civil Revision Application deserves to be allowed.
4. On the other hand, the learned Counsel appearing for the respondent submits that, the respondent is working as Teacher and therefore, it is difficult for him to travel from Kalyan to Jalgaon. It is submitted that, applicant-wife has instituted criminal complaint against the respondent and his family members invoking provisions of Section 498A of the Indian Penal Code.
5. I have heard the learned Counsel appearing for the parties. There is no dispute that, distance between Kalyan to Jalgaon is more than 400 Kms. Apart from the distance, four years child is with the applicant. The applicant has to look after that child and therefore, if the balance of convenience is weighed, certainly it lies in favour of the applicant. Apart from what is observed herein above, other three proceedings are pending at Jalgaon, out of which, one at the instance of the respondent being Special Civil Suit No. 208 of 2011 for compensation against the applicant.
6. In that view of the matter and in view of the authoritative pronouncement of the Supreme Court in the case of SumitaSingh vs. Kumar Sanjay reported in (2001) 10 S.C.C. 41, wherein the Supreme Court held that, in a proceedings instituted by the husband, convenience of the wife should be looked at, this Misc. Civil Application deserves to be allowed. Hence, following order;-
(1) The Misc. Civil Application is allowed to the extent of transfer of Hindu Marriage Petition No. 161 of 2007 pending in the Court of Civil Judge, Senior Division, Kalyan to the Court of Civil Judge, Senior Division, Jalgaon.
(2) The concerned Court at Kalyan to take steps to transfer the said proceedings within one week from receipt of the copy of this order.
(3) On transfer of the said proceedings, the Civil Judge, Senior Division, Jalgaon should make attempt to dispose of the same, as expeditiously as possible, however, within one year from today.
(4) The concerned Court should not grant unnecessary adjournments to the parties unless there exist extraordinary reason for the same.
(5) It is made clear that, so far proceedings which are pending before the Judicial Magistrate, First Class, Kalyan, this Court has not passed any order and it is left open to the applicant to take appropriate proceedings before the appropriate forum if the applicant is advised.
(6) Misc. Civil Application is allowed to the above extent and same stands disposed of. Rule made absolute on above terms.