Nandini Nanda Pravin Khandare v. Pravin So Shrirang Khandare
2025:BHC-AUG:20312 (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 86 OF 2025 NANDINI NANDA PRAVIN KHANDARE
VERSUS
PRAVIN SO SHRIRANG KHANDARE ...
Mrs. Vanita Haribhau Sangole, Advocate for Applicant. Mr. Yogesh R. Neb, Advocate for Respondent (Appointed). ...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : 30th JULY, 2025.
P.C.:- 1.
By this application, applicant wife seeks transfer of Marriage Petition No.393/2024 pending before Civil Judge Senior Division, Ahmednagar to Civil Judge Senior Division at Pune. 2.
The learned Advocate appearing for applicant submits that marriage between applicant and respondent took place on 16.04.2016. The matrimonial relationship between parties still exist. According to applicant because of ill-treatment meted to her, she was required to leave matrimonial home and now she is residing at Fursungi for education purpose. She would further invite attention of this Court to order passed in Criminal Application No.4765/2024 dated 08.04.2025, by which proceeding PWDVA No.14/2020 and RCC No.21/2020 filed by applicant before Judicial Magistrate First Class at Parner has been transferred to Judicial Magistrate First Class at Pune. The learned Advocate
(2) appearing for applicant would further submit that respondent has filed Hindu Marriage Petition No.393/2024 before Civil Judge Senior Division at Ahmednagar. It is difficult for her to travel from Fursungi to Ahmednagar and attend proceeding. Since two other proceedings are already transferred by order of this Court to Pune, she would urge that Hindu Marriage Petition No.393/2024 filed by respondent may also be transferred to Pune as prayed. 3.
The learned Advocate appearing for respondent filed affidavit-in-reply and submits that respondent is suffering financial crisis. It would be difficult for him to attend proceeding at Pune.
4.
Having considered submissions advanced, it can be observed that applicant is residing at Fursungi, Pune. The respondent is residence of Wadegavhan, Taluka Parner, District Ahmednagar. Already two proceedings instituted by applicant-wife are transferred to Judicial Magistrate First Class at Pune. The respondent is attending the same. In that view of the matter, if proceeding in Hindu Marriage Petition No.393/2024 is transferred to Pune, it would be convenient for applicant as well as respondent to attend the same at one and the same time and ensure early disposal.
(3) 5.
As per law laid down by Hon'ble Supreme Court of India in case of N.C.V. Aishwarya Vs. A. S. Saravana Karthik Sha1, convenience of wife has to be given precedence over convenience of husband in case of transfer of matrimonial disputes. Further when there are multiple proceedings, it is advisable that all proceedings are taken up together at one and the same place. 6.
In that view of the matter, case is made out to allow application. Hence, application is allowed in terms of prayer Clause (B).
7.
Parties to appear before Civil Judge Senior Division at Pune on 02.09.2025.
8.
Since Mr. Neb, learned Advocate is appointed through legal aid to represent respondent, the Secretary, High Court Legal Services Sub-Committee, Aurangabad Bench do pay the fees of the appointed counsel for respondent as per schedule. (S. G. CHAPALGAONKAR) JUDGE Devendra/July-2025 AIR 2022 SC 4318.