Sou. Shraddha vs Ajit Krishnaji Medhekaqr and Another

J.N. Patel, J.—Heard the learned Counsel for the parties.

The applicant/wife has initiated proceedings u/s 125 of the Code of Criminal Procedure, which have been registered as Case No. E 119/97 and are pending before the Family Court at Nagpur. The non-applicant No. 1 /husband has initiated two proceedings, one under the Guardians and Wards Act, which is pending before the 3rd Additional District Judge, Sangli, and registered as Case No. 143/97, and the other is a Hindu Marriage Petition for divorce filed before the Civil Judge (Senior Division), Satara, and is registered as Hindu Marriage Petition No. 72/98.

It is submitted by the applicant/wife that the proceedings initiated by the non-applicant No. 1 /husband under the Guardians and Wards Act and the Hindu Marriage Petition to be transferred to the Family Court at Nagpur where her application for maintenance is pending.

The learned Counsel for the non-applicants has no objection if the proceedings under the Hindu Marriage Petition are transferred to the Family Court at Nagpur. In case of the proceedings filed by the non-applicant No. 1 /husband under the Guardians and Wards Act, which are pending before the 3rd Additional District Judge, Sangli, it is submitted that out of the two children, one is retarded and both the children are placed at Sangli under the care of their grandfather who is a retired Principal and is now exclusively devoting himself to the care and upbringing of the children.

During the course of hearing of this application, the learned Counsel for the parties submitted that there were certain talks between the parties as regards the custody of the two minor children and the wife had agreed to keep the elder child, who is mentally retarded, with her and give up the custody of the younger child with a right of access.

This Court finds that considering the convenience of the parties, Hindu Marriage Petition No. 72/98, pending before the Civil Judge (Senior Division), Satara, can be directed to be transferred to the Family Court at Nagpur; whereas the petition under the Guardians and Wards Act, pending before the 3rd Additional District Judge, Sangli, can be allowed to remain there, taking into consideration that the two children are already admitted in school and are under the care of the grandfather. In case these proceedings are transferred to Nagpur, it will only cause inconvenience to the children, as they will have to be brought to Nagpur from Sangli on the required dates of hearing. The proceedings may terminate within few dates of hearing, or may require much more time which cannot be regulated as it will depend on various factors.

The learned Counsel for the applicant/wife submits that in case the applicant/wife is required to attend the proceedings under the Guardians and Wards Act in the Court at Sangli, the non-applicant No. 1/husband should be directed to meet her expenses for visiting Sangli alongwith an escort to enable her to attend the case and defend the petition. A minimum sum of Rs. 1,500/- for each date would be required to meet the expenses.

The learned Counsel for the non-applicants, after considering the railway fare of two persons and the expenses required for lodging and boarding, fairly concedes that Rs. 1,500/- would be a reasonable amount.

Therefore, in the facts and circumstances of the case, this Court passes the following order:

ORDER

Hindu Marriage Petition No. 72/98, pending before the Civil Judge (Senior Division), Satara, is directed to be transferred to the Family Court at Nagpur. On the case being transferred, the Family Court at Nagpur would give it the same precedence as if the petition has been instituted in the Family Court at Nagpur in the year 1998.

The non-applicant No. 1 / husband shall pay Rs. 1,500 / - to the applicant/wife to meet the expenses to attend the Court of the 3rd Additional District Judge, Sangli, for contesting the petition filed by the non-applicant No. 1/husband under the Guardians and Wards Act. The amount would be paid on the applicant reaching the Court on the date of hearing and of which, the applicant/wife will give acknowledgement in writing. In case, the applicant/wife refuses to give acknowledgement in writing of having received the amount of Rs. 1,500/-, the non-applicant No. 1 /husband will deposit that amount in the Court, and the applicant/ wife would be entitled to withdraw the same. In case, the non-applicant No. 1/ husband fails to pay the amount of Rs. 1,500/- on consecutive two occasions to the applicant/wife, the applicant/wife would be entitled to move this Court by filing an application in these proceedings for transfer of those proceedings under the Guardians and Wards Act to the appropriate Court at Nagpur.

This Misc. Civil Application stands disposed of accordingly.

The order be communicated to all the three Courts for compliance.