Sow Lalita Pravin Sarpate @ Lalita Arun Dhulekar v. Pravin Gopalrao Sarpate
3-MCA-294-24.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 294 OF 2024 SOW LALITA PRAVIN SARPATE @ LALITA ARUN DHULEKAR
VERSUS
PRAVIN GOPALRAO SARPATE ...
Mr. Ravindra Bhimrao Narwade, Advocate for Applicant Mr. Shubham K. Shinde h/for Mr. R. V. Gore, Advocate for Respondent ....
CORAM : S. G. CHAPALGAONKAR, J.
DATE : 06.08.2025 PER COURT :- 1.
Heard learned Advocates appearing for respective parties. 2.
By this application, applicant seeks transfer of Petition No. A-349 of 2024, pending before Family Court, Aurangabad to Civil Judge Senior Division at Pusad Dist. Yavatmal.
3.
Mr. R. B. Narwade, learned Advocate appearing for applicant submits that marriage between applicant and respondent was solemnized on 18.02.2024. However, due to ill-treatment meted to applicant, she is now residing at her parental home at Pusad. Applicant has instituted proceeding vide Misc. Criminal Application No.72 of 2024 before learned Judicial Magistrate First Class at Pusad and same is pending. 4.
Mr. Narwade further submits that distance between Aurangabad to Pusad is about 250 kilometers. It would be difficult for applicant to travel such distance and attend proceeding instituted by respondent-husband at Aurangabad. He, therefore, urges that proceeding pending at Aurangabad be transferred to Pusad.
(( 2 )) 3-MCA-294-24 5.
The learned Advocate appearing for respondent opposes application.
6.
Having considered submissions advanced, it cannot be disputed that applicant is residing at Pusad along with her parents. She has instituted proceeding under Protection of Women from Domestic Violence Act before learned JMFC at Pusad. Since distance between Pusad to Aurangabad is about 250 kilometers, applicant would face difficulty to attend proceeding instituted by respondent at Aurangabad.
7.
In light of aforesaid facts and considering law 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. Further, when there are multiple matrimonial proceedings pending between parties, it is advisable that all such proceedings are taken up together at one and same place.
8.
In that view of the matter, case is made out to allow application and it is accordingly allowed in terms of prayer clause 'B'. 9.
Parties to appear before learned Civil Judge Senior Division at Pusad Dist. Yavatmal on 15.09.2025.
[ S. G. CHAPALGAONKAR, J. ] HRJadhav