Case Note & Summary
The applicant, Sow. Rutuja @ Mitrali w/o Mahesh Desai, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking transfer of Petition No. E237 of 2009 from the Family Court, Aurangabad to the Family Court, Mumbai. The applicant had originally filed the maintenance petition under Section 125 CrPC before the Family Court, Aurangabad. During the pendency of that petition, the applicant alleged that she was driven out of her home by the respondent husband and was residing with her parents in Mumbai. She filed an application (Exh.25) before the Family Court, Aurangabad requesting transfer, which was disposed of with the observation that she should approach the proper forum. The applicant contended that her son remained sick and his education was affected due to her regular attendance at court in Aurangabad. She also stated that no maintenance was granted to her till the filing of the transfer application. The respondent husband appeared and filed a reply denying the contentions. The High Court, after hearing both counsel, allowed the application, set aside the order of the Family Court, Aurangabad, and transferred Petition No. E237 of 2009 to the Family Court, Mumbai. The court directed the Family Court, Mumbai to decide the petition expeditiously, preferably within six months from the date of receipt of the record. The court also directed the parties to appear before the Family Court, Mumbai on 12th November 2012.
Headnote
A) Criminal Procedure - Transfer of Proceedings - Section 482 CrPC - Maintenance - The wife sought transfer of maintenance petition from Family Court Aurangabad to Family Court Mumbai on grounds that she was residing in Mumbai with her parents after being driven out by husband, and her son's education was affected due to travel. The High Court allowed the transfer considering the convenience of the wife and child, and directed the Family Court Mumbai to decide the petition expeditiously. (Paras 1-8)
Issue of Consideration
Whether the maintenance petition pending before the Family Court, Aurangabad should be transferred to the Family Court, Mumbai on the ground of convenience of the wife and her son's education.
Final Decision
Application allowed. Order dated 30.7.2012 passed by Family Court, Aurangabad on Exh.25 set aside. Petition No. E237 of 2009 transferred from Family Court, Aurangabad to Family Court, Mumbai. Family Court, Mumbai directed to decide the petition expeditiously, preferably within six months from receipt of record. Parties to appear before Family Court, Mumbai on 12.11.2012.
Law Points
- Transfer of proceedings under Section 482 CrPC
- convenience of wife
- child's education
- maintenance proceedings under Section 125 CrPC
Case Details
2012 LawText (BOM) (10) 33
Criminal Application No. 2396 of 2012
Shri Bhushan B. Kulkarni for applicant, Shri Avinash S. Deshpande for respondent
Sow. Rutuja @ Mitrali w/o Mahesh Desai
Mahesh s/o Madhukarrao Desai
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Nature of Litigation
Criminal application for transfer of maintenance proceedings from Family Court Aurangabad to Family Court Mumbai.
Remedy Sought
Transfer of Petition No. E237 of 2009 from Family Court, Aurangabad to Family Court, Mumbai.
Filing Reason
Applicant (wife) was driven out of home by respondent (husband) and residing with parents in Mumbai; her son's education was affected due to travel to Aurangabad for court hearings.
Previous Decisions
Family Court, Aurangabad disposed of applicant's transfer application (Exh.25) with observation to move proper forum.
Issues
Whether the maintenance petition should be transferred from Family Court Aurangabad to Family Court Mumbai on grounds of convenience of the wife and child's education.
Submissions/Arguments
Applicant submitted that she was driven out of home by respondent and resides in Mumbai with parents; her son's education is affected due to travel; no maintenance granted till date.
Respondent denied contentions and contested the application.
Ratio Decidendi
The court allowed the transfer considering the convenience of the wife and the education of the child, as the wife was residing in Mumbai and had to travel to Aurangabad for hearings, affecting her son's schooling. The court exercised its inherent powers under Section 482 CrPC to secure the ends of justice.
Judgment Excerpts
By the present application, preferred under Section 482 of the Code of Criminal Procedure, the applicant (wife) prayed that the Petition No. E237 of 2009, pending before the Family Court, Aurangabad be transferred to the Family Court, Mumbai.
It is the grievance of the applicant that during the pendency of the said petition, the applicant was dragged out of the home by the respondent, and hence, the applicant is residing at Mumbai with her parents.
It is specifically contended in the said application that usually applicant’s son remains sick and due to her regular attendance in the court he is unable to attend the school, and hence, his education is being affected.
Procedural History
Applicant filed Petition No. E237 of 2009 under Section 125 CrPC before Family Court, Aurangabad seeking maintenance. During pendency, applicant filed application (Exh.25) for transfer to Family Court, Mumbai, which was disposed of by Family Court, Aurangabad on 30.7.2012 with observation to approach proper forum. Applicant then filed the present Criminal Application No. 2396 of 2012 under Section 482 CrPC before the High Court for transfer.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 482, Section 125
