Ashwini Pawan Ghorpade v. Pawan Rajendra Ghorpade

2025:BHC-AUG:20311 (1) 107-mca-283-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 283 OF 2024 ASHWINI PAWAN GHORPADE

VERSUS

PAWAN RAJENDRA GHORPADE ...

Mr. Ramchandra S. Patil, Advocate for Applicant. Mr. A. P. Yenegur, Advocate for Respondent.

...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 30th JULY, 2025.

P.C.:- 1.

By this application, applicant wife seeks transfer of Hindu Marriage Petition No.75/2023 pending before Civil Judge Senior Division, Omarga, Dist. Osmanabad to Family Court at Pune. 2.

The learned Advocate appearing for petitioner submits that marriage between applicant and respondent solemnized on 06.05.2018. Due to ill-treatment meted to her, she was required to leave matrimonial home and now she is residing at Pune with her parents. She has filed PWDVA No.677/2023 before Judicial Magistrate First Class, Pune, which is pending. The applicant is taking care of minor child. The distance between Pune to Omarga is almost 400 kilometers and it would be difficult for applicant to travel such a distance. He would, therefore, urge that proceeding pending at Omarga be transferred to Family Court at Pune.

(2) 107-mca-283-2024.odt Nothing is brought on record to show that respondent would have any difficultly to attend proceeding at Pune. 3.

In that view of matter, considering fact that applicant is lady and taking care of minor child, it would be difficult for her to travel distance of more than 400 kilometers. Further proceeding vide PWDVA No.677/2023 is already pending at Pune. 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. Particularly when one of the proceeding is pending at Pune, it would be in the interest of parties that all proceedings are taken together at one and same place.

4.

In that view of the matter, case is made out to allow application. Hence, application is allowed in terms of prayer Clause (B).

5.

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

(S. G. CHAPALGAONKAR) JUDGE Devendra/July-2025 AIR 2022 SC 4318.