Mrs. Priyanka Arjun Shinde v. Mr. Arjun Kisan Shinde

903-MCA-313-24.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 313 OF 2024 MRS. PRIYANKA ARJUN SHINDE

VERSUS

MR. ARJUN KISAN SHINDE ...

Mr. Kulkarni Rahul S., a/w Mr. Harshad Garud, Advocate for Applicant ....

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 31.07.2025 PER COURT :- 1.

Heard learned Advocate appearing for applicant. 2.

Although notice of this Application is served upon respondent, none appears.

3.

By this application, applicant seeks transfer of Hindu Marriage Petition No.84 of 2023 pending before learned Civil Judge Senior Division at Majalgaon Dist. Beed to learned Civil Judge Senior Division at Pune.

4.

The learned Advocate appearing for applicant submits that marriage between applicant and respondent was solemnized on 06.07.2018. However, due to ill-treatment meted out by respondent-husband, applicant was required to leave matrimonial home and now presently she is residing along with her parents at Pune. Applicant-wife has lodged F.I.R. dated 08.01.2024 regarding ill-treatment meted out to her. Eventually, criminal case is pending against respondent before learned JMFC at Pune.

(( 2 )) 903-MCA-313-24 5.

Learned Advocate for applicant further submits that respondent has filed Marriage petition No.84 of 2023 before learned Civil Judge Senior Division at Majalgaon with intention to harass applicant. It is difficult for applicant to travel distance from Pune to Majalgaon. He, therefore, urges that proceeding pending at Majalgaon be transferred to Pune. 6.

The contentions raised by applicant are not refuted by respondent. Fact remains that criminal case is already pending at Pune against respondent pursuant to F.I.R in Crime No.11 of 2024. The distance between Pune to Majalgaon is more than 250 kilometers. Applicant-wife would have difficulty in attending proceeding at Majalgaon. 7.

In this background, as per guidelines laid down by Hon'ble Supreme Court in case of N. C. V. Aishwarya Vs. A. S. Saravana Karthik Sha, reported in AIR 2022 SC 4318, convenience of wife has to be given precedence in the matter of transfer of matrimonial proceedings. There is nothing on record to show that respondent-husband would have any difficulty to attend proceeding at Pune, if it is transferred from Majalgaon. 8.

In result, case is made out to allow application. Hence, Misc. Civil Application is allowed in terms of prayer clause 'A'. 9.

Parties to appear before learned Civil Judge Senior Division at Pune on 02.09.2025.

[ S. G. CHAPALGAONKAR, J. ] HRJadhav