- 1 - rng` IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO. 55 OF 2009 Priyancka Rakesh Rohira ..Applicant vs Rakesh Lilaram Rohira ..Respondent .. Mr.S.Malik for Applicant Mr.Pankaj Das for Respondent CORAM: R.V.MORE,J DATED: 15th June, 2009 P.C. Rule. By consent, rule made returnable forthwith. Mr.Das waives service for respondent. 1. The aforesaid Misc.Civil Application is filed by the applicant-wife under section 24 of the Code of Civil Procedure, 1908 for transfer of Divorce Petition No.673 of 2008 filed by the respondent-husband in the Court of the Civil Judge, Senior Division, Thane to the Family Court at Nasik. The brief facts giving rise to the prese4nt application are as under : - 2 - 2. The marriage between the applicant and the respondent was solemnised on 14th July, 2006. The applicant and the respondent could not pull together because of their different lifestyles. That in August, 2007 she was left at her parental house at Nasik. It is alleged by the applicant that she was made to sign the petition in the court at Thane for divorce by mutual consent. Thereafter, realising her mistake she made an application to the Court for cancellation of the petition for divorce. Accordingly, proceedings for divorce by mutual consent came to be dropped in the month of December, 2007. Relations between the parties thereafter became strained which resulted in filing complaints against one another in police stations and in the court. The respondent-husband thereafter filed Marriage Petition as stated above for a decree of divorce. Thereafter, the present application is filed under section 24 of the Code of Civil Procedure,1908 for transfer to the Family Court, at Nasik. 3. Counsel for the applicant submitted that the respondent-husband is a multi-millionaire,and he receives an amount of Rs.10,00,000/- per month. It is also further submitted that the respondent resides in huge apartment consisting of 5 bed rooms hall in Tivoli - 3 - building at Hiranandani gardens, Powai, Mumbai. In addition to this, the respondent’s family has two flats of three bed room kitchen in Versova, Andheri, Mumbai and another one in Grand Classic, in Hiranandani. The respondent also owns a bungalow in Lonavala and two factories in Bhivandi and his family runs octroi business and having at least 8 cars. It was also submitted that the applicant is an unemployed lady and she has no source of income. Her father is a retired person without any resource. Her parents are old, infirm and ill. The applicant’s brother is running a small shop however has no financial resources. In the above facts and circumstances, it was submitted that the proceedings filed by the respondent for divorce deserves to be transferred to the Family Court, at Nasik. 4. The respondent-husband by filing a reply contested the application. The respondent denied the allegations regarding his financial status. The application was contested mainly on the ground that the applicant herself has filed a case under the Domestic Violence Act in the Metropolitan Magistrate’s Court at Andheri, Mumbai and also an FIR in the Powai police station under section 376-A of the IPC. It was also submitted that the respondent has also filed a FIR against the applicant in Powai police station on the allegation that the applicant had gone to Dubai by using fake passport. It was - 4 - submitted that when these criminal proceedings are pending in the Court at Bombay, the applicant will have to come to Mumbai to attend these proceedings and therefore, there is no need to transfer the proceedings to Nasik. 5. Having heard both the learned counsel for the respective parties, and having gone through the application and reply filed by the respondent, I am of the considered view that the proceedings deserves to be transferred to Nasik. 6. Admittedly, relations between the applicant and the respondent are strained and therefore they are residing separately since August, 2007. Both the applicant and the respondent have filed against one other criminal complaints in various police stations as well as in Court and at present three criminal proceedings are pending. Out of these three, C.R.No.197 of 2008 is lodged by the respondent against the applicant and C.R.No.392 of 2008 and complaint No.14 of 2008 is filed by the applicant against the respondent. In C.R.No.392 of 2008, the applicant has alleged that the respondent has committed an offence under section 376 A of the IPC. Complaint No. 14 of 20098 is also filed by the applicant against the respondent under the Domestic Violence Act. C.R.NO.197 of 2009 is filed by the respondent against the applicant - 5 - for issuing fake passport. The applicant is an unemployed lady and for attending the divorce proceedings at Thane Court, she has to come to Mumbai. However, she has no source of money to stay in a decent hotel in Mumbai. The parents of the applicant being old are also without any resources. The applicant’s brother is running a small shop, however, he is without any financial resources. 7. Though the respondent has vaguely denied the applicant’s allegations about his financial status, however the fact that after marriage, the applicant and the respondent went for honeymoon to Australia and stayed there in a five star hotel is not denied by the respondent-husband. The respondent has not specifically denied the allegation that his family resides in a huge apartment consisting of five bed room hall and apart from this residential apartment, his family is in possession of three more flats. The allegation that the respondent’s family have two factories in which 400 workers are employed is also not denied specifically. In the above facts, an inference can safely be drawn that the respondent is financial well placed. 8. Taking into consideration the allegations made by the respective parties against each other, coupled with the fact the financial status of the parties, I am of the - 6 - considered view that no prejudice will be caused to the respondent if proceedings filed by him for divorce in the court at Thane is transferred to the Family Court, at Nasik. It is true that investigation is in progress in a C.R.filed by the applicant against the respondent and criminal complaints filed by the applicant against the respondent under the Domestic Violence Act, is also pending before the Metropolitan Magistrate’s Court, at Andheri, Mumbai. It is also true that investigation in C.Rs.filed by the respondent is also under progress. However, transfer of divorce proceedings cannot be denied on the basis of pendency of the above criminal proceedings, especially when the FIRs filed by the applicant and the respondent are in respect of cognisable offences. 9. The Apex Court in Sumita Singh vs Kumar Sanjay & anr reported in AIR 2002 SUPREME COURT 396 held that convenience of the wife must be looked at. Taking into consideration the facts and circumstances mentioned herein above along with the decision of the apex Court, I am of the opinion that interest of justice will be served if the proceedings filed by the respondent-husband are transferred from Thane to Nasik. In the facts and circumstances of the case, I - 7 - dispose of the Misc. Civil Application by passing the following order : ORDER Rule is made absolute in terms of prayer clause (a). However, there shall be no order as to costs. The learned Judge of Family Court, at Nasik however in the interest of justice on transfer of proceedings before it shall expedite the hearing of the same. R.V.More, J - 8 -