Misc. Civil Application No. 59 of 2015. Case: Krutika Ritesh Arya Vs Ritesh Laxman Arya. High Court of Bombay (India)
| Case Number | Misc. Civil Application No. 59 of 2015 |
| Counsel | For Appellant: Viral Rathod i/by Harshad Palwe, Advs. and For Respondents: Devendra Joshi, Adv. |
| Judges | R. D. Dhanuka, J. |
| Issue | Code of Civil Procedure, 1908 (CPC) - Sections 24, 25; Hindu Marriage Act, 1955 - Section 13(1)(ia) |
| Judgement Date | February 02, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
R. D. Dhanuka, J.
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By this miscellaneous civil application filed under Section 24 of the Code of Civil Procedure, 1908, the applicant seeks transfer of the Petition bearing No.HMP 777/2014 filed by the respondent husband against the applicant before the Court of Civil Judge, Senior Division, Kalyan to the Family Court at Nashik for hearing and final disposal on merits. Some of the relevant facts for the purpose of deciding this application are as under:-
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The applicant and the respondent were married on 17th January 2012 at Nashik as per Hindu rites and customs. It is the case of the applicant that the respondent works at TCS at Mumbai and resides at Badlapur. It is the case of the applicant that in view of the harassment by the respondent and his family members and due to various reasons recorded in the miscellaneous civil application, the applicant was compelled to leave her matrimonial home and shift to her parents house situated at Nashik. On 8th February 2013, the applicant delivered a baby boy out of the wedlock of the applicant and the respondent. The applicant was served summons from the Kalyan District Court in HMP Case No. 777/2014 filed by the respondent under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 inter alia praying for divorce. The applicant has not filed any proceedings against the respondent.
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Learned counsel appearing for the applicant submits that the distance between Nashik and Kalyan is about 120 kms and if the applicant is asked to attend the proceedings at Kalyan, the applicant will face innumerable contingencies and hardship. He submits that the applicant has to look after the baby who is 2 years and 11 months old now. He submits that if the applicant takes a child along with her who is very delicate to travel with the child, the child will be infected with various diseases.
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Learned counsel appearing for the applicant also invited my attention to various medical documents annexed at Exhibit-E to the application and would submit that in view of the Post Pregnancy complications and in view of the applicant suffering from various ailments as demonstrated in the medical reports, it would not be possible for her to travel to the Court at Kalyan. The applicant is also suffering from malnutrition and is very weak. He submits that the applicant will have to travel by public transport and will have to commence her journey at 6.00 a.m. to reach the Court at 11.00 a.m. It is submitted by the learned counsel for the applicant that the applicant is not working and is totally unemployed and depends upon her parents.
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Learned counsel for applicant invited my attention to two judgments of this Court in the cases of Chaya w/o Balaji Birajdar Vs. Balaji s/o Ishwarrao Birajdar, reported in 2011 (2) Mh.L.J. 44 and Aruna Gorakhnath Korde Vs. Gorakhnath Devidas Korde, reported in 2014 (3) Mh.L.J. 23 and would submit that since the applicant is...
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