1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.96 OF 2008 Mrs.Anita Suresh Sonawane : Applicant. Versus Suresh Sadashiv Sonawane : Respondent. Mr.Rohan Dharandale for the Applicant. None for the Respondent, though served. CORAM : R.M.SAVANT, J. DATED : JANUARY 05, 2009 P.C. 1. Heard the learned counsel appearing for the Applicant. None appears for the Respondent though served. 2. This is an Application filed under Section 24 of the Code of Civil Procedure for transfer of Hindu Marriage Petition No.206 of 2008 from the Court of the Civil Judge, Senior Division, Pune at Pune to the Court of the Civil Judge, Senior Division, Ahmednagar at Ahmednagar where the Applicant is residing. 2 3. The marriage between the Applicant and the Respondent was solemnized on 26th June, 2002. The Respondent is working as an Engineer and does the work of maintenance of CNC Machines in various industries. After her marriage with the Respondent, the Applicant started residing with him at Hingangaon. The Applicant and the Respondent were residing with the other family members of the Respondent. Marriage of the Applicant and the Respondent started facing rough weather from the year 2004. A daughter was born to the Applicant on 11th August 2004. It is the case of the Applicant that the Respondent did not inquire about the child or visit the Applicant to inquire about her health. The Applicant thereafter went to her matrimonial home on 12th January 2005, but the family members of the Respondent and the Respondent refused to take her back. The Applicant, thereafter, in or about September 2005 faced health problems and, therefore, the father of the Applicant took her to her parental house in Ahmednagar for treatment. Second attempt was made by the Applicant to reside with the Respondent, but she was not accepted by the Respondent and his family. It is the case of the Applicant that a demand for dowry was made by the family of the 3 Respondent. The Applicant, being a house wife, was, therefore, constrained to file Criminal Application No.780 of 2006 under Section 125 of the Criminal Procedure Code in the Court of learned Chief Judicial Magistrate, Ahmednagar at Ahmednagar, claiming maintenance for herself and her daughter. The Applicant has also filed Special Civil Suit No.6 of 2006 in the Court of the learned Civil Judge, Senior Division, Ahmednagar at Ahmednagar invoking the provisions of Section 18 of the Hindu Adoption and Maintenance Act, 1956 praying for maintenance. The trial Court has directed to deposit interim maintenance at Rs.1000/- per month in the Court. Pursuant to the said order, the Respondent, it appears that, has deposited the amount of interim maintenance till the year 2007. 4. It appears that after the Applicant has filed the aforesaid two proceedings, the Respondent has filed Hindu Marriage Petition No.206 of 2008 in the Court of the learned Civil Judge, Senior Division, Pune at Pune for divorce. The said Hindu Marriage Petition was filed on 24th April 2008 and is as yet pending. 4 5. It is the case of the Applicant in the above Application that she is a house wife, having no source of income save and except the maintenance granted in the said Special Civil Suit No.6 of 2006. It is the case of the Applicant that after she was driven out of the matrimonial house by the Respondent, she is staying with her parents at their mercy. The Applicant has a daughter who is four years of old and, therefore, faces tremendous hardship and difficulties in maintaining herself and her minor daughter. The Applicant states that attending Pune Court, wherein the Respondent has filed the said Hindu Marriage Petition No.206 of 2008 for divorce, creates tremendous difficulties as she has to attend the said Court by herself along with her minor daughter. She further states that traveling from Ahmednagar to Pune from time to time is not possible for the Applicant, considering her financial position as also considering the age of her daughter. 6. The Respondent has not chosen to appear in the above Application and, therefore, the case of the Applicant has gone uncontroverted and unchallenged. The learned counsel for the 5 Applicant reiterated the grounds made out in the above Application seeking transfer of the said Hindu Marriage Petition No.206 of 2008 from the Court of the Civil Judge, Senior Division, Pune to the Court of the Civil Judge, Senior Division, Ahmednagar at Ahmednagar. It is submitted by the learned counsel for the Applicant that the proceedings filed by the Applicant are filed much prior in time to the proceedings filed by the Respondent. According to the learned counsel for the Applicant, the said proceedings filed by the Respondent are merely a counter-blast to the proceedings filed by the Applicant and have been filed only with a view to harass the Applicant. The learned counsel for the Applicant relied upon a judgment of a learned Single Judge of this Court reported in 2003 (Supp.) Bom.C.R.802 in the matter of Tanisha Sanjay Hinduja versus Sanjay Shrichand Hinduja wherein the principles to be borne in mind whilst considering an application for transfer of proceedings by the wife have been enunciated. The learned Single Judge has relied upon the judgment of the Apex Court reported in AIR 2002 SC 396 in the matter of Sumita Singh v. Kumar Sanjay and others wherein it has been held by the Apex court that in a husband's suit 6 against the wife, it is the wife's convenience that must be looked at. 7. In the instant case, as mentioned herein above, the Applicant is a house wife having a daughter who is aged about 4 years. The Applicant has no source of income and has to face tremendous difficulties whilst travelling from Ahmednagar to Pune to attend the proceedings filed by the Respondent at Pune. Looking to the fact that the proceedings filed by the wife have been filed earlier in point of time and also considering the fact that the husband, in any event, has to attend the said proceedings filed by the Applicant/wife at Ahmednagar, in my view, a case for transfer of Hindu Marriage Petition No.206 of 2008 from the Court of the Civil Judge, Senior Division, Pune to the Court of the Civil Judge, Senior Division, Ahmednagar at Ahmednagar is made out. The above Application is, therefore, allowed in terms of prayer clause (a). The parties would be at liberty to apply to the learned Civil Judge, Senior Division, Ahmednagar at Ahmednagar for clubbing all the proceedings together. The above Miscellaneous Civil Application is accordingly disposed of. 7 [R.M.SAVANT, J]