1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Miscellaneous Civil Application No. 1354/2008 (Chandni Jitendrasingh Lote VERSUS Jitendrasingh Inderpalsingh Lote) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.B. Naidu, counsel for the petitioner. Shri P.S. Raut, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : JANUARY 7, 2009. By this Miscellaneous Civil Application, the applicant seeks a transfer of Hindu Marriage Petition No.353/2008 pending on the file of Joint Civil Judge (Senior Division), Amravati to the file of Principal Judge, Family Court, Nagpur. Few facts giving rise to the application are stated thus----- The applicant and the non-applicant are the wife and the husband and were married at Nagpur on 24.09.2006 as per Hindu rites and customs. The parties started residing in the matrimonial home at Nagpur since the solemnisation of marriage on 24.09.2006. There were some 2 disputes between the parties and the applicant wife filed a Hindu Marriage Petition for grant of a decree of divorce, in the Family Court at Nagpur, on 27.11.2007. A suit for specific performance of contract was filed by the non-applicant against the applicant in the Court at Nagpur and the same was numbered as Special Civil Suit No.560/2008. It is the case of the applicant that though these two proceedings between the parties were pending at Nagpur, the non-applicant husband deliberately, with a view to harass the applicant, filed a Hindu Marriage Petition in the Court of Joint Civil Judge (Senior Division), Amravati for a declaration that the marriage solemnised between the parties on 24.09.2006 was a nullity. The Hindu Marriage Petition filed by the applicant was registered as Hindu Marriage Petition No.353/2008. It is submitted by Shri M.B. Naidu, the learned counsel for the applicant, that a bare perusal 3 of the aforesaid facts clearly demonstrate that the non-applicant, with a view to harass the applicant wife, filed the Hindu Marriage Petition No.353/2008 in the Court at Amravati and it is, therefore, necessary in the interest of justice to transfer the petition to the Family Court at Nagpur where the Hindu Marriage Petition filed by the applicant wife is pending. Shri P.S. Raut, the learned counsel for the non-applicant, submitted that Hindu Marriage Petition No.353/2008 was not filed with an intention to harass the applicant and was filed at Amravati as the non-applicant resides in Amravati. Though the learned counsel for the non-applicant did not seriously object to the transfer of the Hindu Marriage Petition No.353/2008 from the Court at Amravati to the Family Court at Nagpur, he sought a direction to the Family Court, Nagpur for an early decision in the two Hindu Marriage Petitions filed by the applicant and the non-applicant. 4 Since the counsel for the non-applicant has not seriously objected to the transfer of the Hindu Marriage Petition No.353/2008 from the Court of Joint Civil Judge (Senior Division), Amravati to the Family Court, Nagpur, it is not necessary to consider whether the non-applicant had filed the Hindu Marriage Petition at Amravati merely with a view to harass the applicant wife. In the facts of the case, however, it was necessary for the non-applicant husband to have filed the Hindu Marriage Petition for a declaration of nullity in the Family Court at Nagpur. In the facts and circumstances of the case and in the interest of justice, the prayer made in the miscellaneous civil application is granted. Hindu Marriage Petition No.353/2008, pending on the file of Joint Civil Judge (Senior Division), Amravati is withdrawn and transferred to the file of Principal Judge, Family Court, Nagpur where Hindu Marriage Petition No.A-838/2007 is pending. 5 The Principal Judge, Family Court, Nagpur is expected to decide both the Hindu Marriage Petitions as early as possible and within a reasonable period. The miscellaneous civil application is allowed in the aforesaid terms. No order as to costs. JUDGE APTE