Sau. Chhaya Rahul Suryawanshi @ Chhaya Shankar Gadwe v. Rahul Bhaurao Suryawanshi
2025:BHC-AUG:19375 (1) 57-mca-304-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 304 OF 2024 SAU. CHHAYA RAHUL SURYAWANSHI @ CHHAYA SHANKAR GADWE
VERSUS
RAHUL BHAURAO SURYAWANSHI ...
Mr. Gopal V. Londhe h/f Mr. Sandip Andhale, Advocate for Applicant.
Mr. Parikshit S. Mantri, Advocate for Respondent. ...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : 23rd JULY, 2025.
P.C.:- 1.
By this application, applicant-wife seeks transfer of Marriage Petition No.112/2023 pending before Civil Judge Senior Division, Beed to Civil Judge Senior Division, Jalna.
2.
The learned Advocate appearing for applicant submits that marriage between applicant and respondent took place on 13.09.2020. However, due to ill-treatment meted to her, she was required to leave matrimonial house. Now she is serving at Chalisgaon. However, her matrimonial home is at Jalna. The respondent has instituted proceeding seeking decree of divorce before Civil Judge Senior Division at Beed. It is difficult for applicant to travel from Chalisgaon to Beed to attend proceeding. Her parents are residing in a village in Badnapur Taluka, which is close to Jalna. He would, therefore, urge that proceeding instituted by respondent be transferred to Civil Judge Senior Division at Jalna.
(2) 57-mca-304-2024.odt 3.
The learned Advocate appearing for respondent vehemently opposes application and submits that there are no good grounds for transfer of proceeding.
4.
Having considered submissions advanced, it cannot be disputed that applicant is presently serving at Chalisgaon, District Jalgaon, which is more than 225 kilometers from Beed. Her parents are residing in District Jalna. It would be convenient for her, if proceeding is transferred to Civil Judge Senior Division at Jalna.
5.
In light of law laid down by 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. The respondent husband would have no difficulty, if proceeding is transferred to Jalna.
6.
In that view of the matter, application is allowed in terms of prayer Clause (C).
7.
Parties to appear before Civil Judge Senior Division at Jalna on 29.08.2025.
(S. G. CHAPALGAONKAR) JUDGE Devendra/July-2025 AIR 2022 SC 4318.