Friday, August 16, 2013

matri case transferred 400 KMS away to wife's place, still MEN do NOT come up in large #s to protest on street !! so how will things improve ??

matri case transferred 400 KMS away to wife's place, still MEN do NOT come up in large #s to protest on street !! so how will things improve ??
Sau. Kalpna w/o Pankaj Rozatkar,
Age: 27 years, Occ: Household,
R/o. C/o. Laxman Hiraman Wankhede,
Sawada Road, at post Chincawal,
Tq. Raver, Dist. Jalgaon.             ...APPLICANT
Pankaj s/o Supadu Rozatkar,
Age: 34 years, Occ: Service,
R/o. Chal No.2, Room No.3,
Om Sai Construction,
Khadakpada, near Vanshri Apartment,
Kalyan (W), Tq. Kalyan,
District Thane.                      ...RESPONDENT
Mr. Vinod P. Patil, Advocate for applicant.
Mr. D.S. Pawar, Advocate holding for
Mr. K.C. Sant, Advocate for respondent sole.
DATE : 10TH JULY, 2013
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 respondent­husband 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, applicant­wife 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 Sumita Singh 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.
                                  [S.S. SHINDE, J.]
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