1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION MISC. MISC. MISC. CIVIL CIVIL CIVIL APPLICATION NO.69 OF 2007 APPLICATION NO.69 OF 2007 APPLICATION NO.69 OF 2007 Amita Amita Amita Vinay Bhandari Vinay Bhandari Vinay Bhandari ...... Applicant Applicant Applicant vs vs vs Mr.Vinay Mr.Vinay Mr.Vinay Manohar Bhandari Manohar Bhandari Manohar Bhandari ...... Respondents Respondents Respondents Mr.V.A.Sugdare Mr.V.A.Sugdare Mr.V.A.Sugdare for for for Applicant Applicant Applicant Mr.Vilas Mr.Vilas Mr.Vilas Tapkir Tapkir Tapkir for Respondent for Respondent for Respondent CORAM CORAM CORAM : : : S.A.BOBDE, J S.A.BOBDE, J S.A.BOBDE, J DATED DATED DATED : : : 17th August, 2007 17th August, 2007 17th August, 2007 P.C. P.C. P.C. 1.1.1. This application for transfer of a divorce This application for transfer of a divorce This application for transfer of a divorce petition petition petition filed filed filed by the respondent-husband at Pune to by the respondent-husband at Pune to by the respondent-husband at Pune to the the the Court at Nanded. The applicant-wife has Court at Nanded. The applicant-wife has Court at Nanded. The applicant-wife has earlier earlier earlier filed proceedings for judicial separation filed proceedings for judicial separation filed proceedings for judicial separation under under under section section section 10 of the Family Courts Act at Nanded 10 of the Family Courts Act at Nanded 10 of the Family Courts Act at Nanded on on on 15th 15th 15th June, 2006. Later, the husband has filed a June, 2006. Later, the husband has filed a June, 2006. Later, the husband has filed a petition petition petition for divorce at Pune in August, 2006. The for divorce at Pune in August, 2006. The for divorce at Pune in August, 2006. The wife wife wife is unemployed and appears to be surviving on is unemployed and appears to be surviving on is unemployed and appears to be surviving on the the the maintenance amount awarded to her by the Court maintenance amount awarded to her by the Court maintenance amount awarded to her by the Court atatat Nanded. The husband seems to be employed as a Nanded. The husband seems to be employed as a Nanded. The husband seems to be employed as a Scientist Scientist Scientist in National Chemical Laboratories at in National Chemical Laboratories at in National Chemical Laboratories at Pune. Pune. Pune. The learned counsel for the applicant relies The learned counsel for the applicant relies The learned counsel for the applicant relies on on on section 21 A of the Hindu Marriage Act, 1955 and section 21 A of the Hindu Marriage Act, 1955 and section 21 A of the Hindu Marriage Act, 1955 and submits submits submits that the later petition filed by the that the later petition filed by the that the later petition filed by the respondent-husband respondent-husband respondent-husband at Pune deserves to be at Pune deserves to be at Pune deserves to be transferred transferred transferred to the Court at Nanded. Section 21 A to the Court at Nanded. Section 21 A to the Court at Nanded. Section 21 A reads reads reads as under : as under : as under : Power Power Power to transfer petitions in certain to transfer petitions in certain to transfer petitions in certain cases cases cases : : : (1) Where- (1) Where- (1) Where- a)a) a) a petition under this Act has been a petition under this Act has been a petition under this Act has been presented presented presented to a district court having to a district court having to a district court having jurisdiction jurisdiction jurisdiction by a party to marriage praying by a party to marriage praying by a party to marriage praying for for for a decree for judicial separation under a decree for judicial separation under a decree for judicial separation under 2 section section section 10 or for a decree of divorce under 10 or for a decree of divorce under 10 or for a decree of divorce under section section section 13, and 13, and 13, and (b) (b) (b) another another another petition under this Act has been petition under this Act has been petition under this Act has been presented presented presented thereafter by the other party to thereafter by the other party to thereafter by the other party to the the the marriage praying for a decree for marriage praying for a decree for marriage praying for a decree for judicial judicial judicial separation under section 10 or for separation under section 10 or for separation under section 10 or for a decree of divorce under section 13 on any decree of divorce under section 13 on any decree of divorce under section 13 on any ground ground ground whether whether whether in the same district court or in the same district court or in the same district court or inin in a different district court in the same a different district court in the same a different district court in the same State State State or or or in a different State. in a different State. in a different State. the the the petitions shall be dealt with as specified in petitions shall be dealt with as specified in petitions shall be dealt with as specified in sub sub sub section 2). section 2). section 2). (2) (2) (2) In a case where sub-section (1) applies- In a case where sub-section (1) applies- In a case where sub-section (1) applies- (a) (a) (a) if the petitions are presented to the if the petitions are presented to the if the petitions are presented to the same same same district district district court both the petitions shall court both the petitions shall court both the petitions shall be be be tried tried tried and heard together by that district and heard together by that district and heard together by that district court; court; court; (b) (b) (b) if the petitions are presented to the if the petitions are presented to the if the petitions are presented to the different different different district courts, the petition district courts, the petition district courts, the petition presented presented presented later shall be transferred to the later shall be transferred to the later shall be transferred to the district district district court in which the earlier petition court in which the earlier petition court in which the earlier petition was was was presented and both the petitions shall presented and both the petitions shall presented and both the petitions shall be be be heard and disposed of together by the heard and disposed of together by the heard and disposed of together by the district district district court in which the earlier petition court in which the earlier petition court in which the earlier petition was was was presented. presented. presented. (3) (3) (3) In a case where clause (b) of sub In a case where clause (b) of sub In a case where clause (b) of sub section section section (2) applies, the Court or the (2) applies, the Court or the (2) applies, the Court or the Government Government Government as the case may be, competent as the case may be, competent as the case may be, competent under under under the Code of Civil Procedure, 1908 (5 the Code of Civil Procedure, 1908 (5 the Code of Civil Procedure, 1908 (5 of of of 1908) to transfer any suit or proceeding 1908) to transfer any suit or proceeding 1908) to transfer any suit or proceeding from from from the district court in which the later the district court in which the later the district court in which the later petition petition petition has been presented to the district has been presented to the district has been presented to the district court court court in which the earlier petition is in which the earlier petition is in which the earlier petition is pending, pending, pending, shall exercise its powers to shall exercise its powers to shall exercise its powers to transfer transfer transfer such later petition as if it had such later petition as if it had such later petition as if it had been been been empowered so to do under the said Code. empowered so to do under the said Code. empowered so to do under the said Code. 2.2.2. The present application for transfer is hereby The present application for transfer is hereby The present application for transfer is hereby allowed allowed allowed in terms of prayer clause (a). P.A. in terms of prayer clause (a). P.A. in terms of prayer clause (a). P.A. No.641 No.641 No.641 of 2006 on the file of Court No.2 at Family of 2006 on the file of Court No.2 at Family of 2006 on the file of Court No.2 at Family Court, Court, Court, Pune is hereby transferred to the file of Pune is hereby transferred to the file of Pune is hereby transferred to the file of Civil Civil Civil Judge, Junior Division, at Nanded. Judge, Junior Division, at Nanded. Judge, Junior Division, at Nanded. 3.3.3. The learned counsel for the respondents The learned counsel for the respondents The learned counsel for the respondents pointing pointing pointing out that the petition for judicial out that the petition for judicial out that the petition for judicial separation separation separation filed by the applicant at Nanded has filed by the applicant at Nanded has filed by the applicant at Nanded has been been been expedited and therefore prays for an order of expedited and therefore prays for an order of expedited and therefore prays for an order of 3 expedition expedition expedition of the divorce petition also. The of the divorce petition also. The of the divorce petition also. The prayer prayer prayer deserves consideration and in the deserves consideration and in the deserves consideration and in the circumstances circumstances circumstances it is directed that the divorce it is directed that the divorce it is directed that the divorce petition petition petition shall shall shall also be decided expeditiously by the also be decided expeditiously by the also be decided expeditiously by the Civil Civil Civil Judge, Junior Division, at Nanded. Learned Judge, Junior Division, at Nanded. Learned Judge, Junior Division, at Nanded. Learned counsel counsel counsel states that the proceedings at Nanded has states that the proceedings at Nanded has states that the proceedings at Nanded has been been been directed to be decided within a period of 6 directed to be decided within a period of 6 directed to be decided within a period of 6 months months months which are about to end son. Having regard which are about to end son. Having regard which are about to end son. Having regard toto to the circumstances of the case it is directed the circumstances of the case it is directed the circumstances of the case it is directed that that that both the proceedings shall be decided within a both the proceedings shall be decided within a both the proceedings shall be decided within a period period period of 3 months from today. of 3 months from today. of 3 months from today. (S.A.Bobde, (S.A.Bobde, (S.A.Bobde, J) J) J)