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Bombay High CourtMCA/34/2025disposed off

Vaishanvi W/O Swapnil Kshirsagar v. Swapnil S/O Sudhakar Kshirsagar

2025-07-25Hon'Ble Shri Justice M. W. Chandwani2 pages

2025:BHC-NAG:7451 920 MCA(Tr)-34-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION (TR) NO.34 OF 2025 [Vaishanvi Swapnil Kshirsagar ..Vs.. Swapnil S/o. Sudhakar Kshirsagar] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms A. M. Raut-Narwade, Advocate for Applicant.

CORAM

: M. W. CHANDWANI, J.

DATE : 25 th JULY , 2025 .

1.

Heard.

2.

This is an application seeking transfer of Petition No.197 of 2024 filed by the non-applicant for grant of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 before the learned Civil Judge Senior Division, Hingoli to the learned Civil Judge Senior Division, Umerkhed.

3.

The contention is that, the applicant-wife is residing at Tahsil Mahagaon, District Yavatmal where the Court of Civil Judge Senior Division is established. One criminal case and domestic violence proceedings are pending before the learned Judicial Magistrate First Class, Mahagaon. The non-applicanthusband is attending the said cases. 4.

Though, the non-applicant-husband is served but he chose not to remain present in the matter. Therefore, the contention remains uncontroverted.

5.

Considering the fact that the non-applicant-husband is attending the cases filed by the applicant-wife at Mahagaon coupled with the fact that the applicant-wife is totally dependent on her parents and is residing at Mahagaon, a case is

920 MCA(Tr)-34-2025 made out for transfer of petition from the learned Civil Judge Senior Division, Hingoli to the Court of the learned Civil Judge Senior Division, Umerkhed.

6.

Let the proceedings of Petition No.197 of 2024 pending before the learned Civil Judge Senior Division, Hingoli be transferred to the Court of the learned Civil Judge Senior Division, Umerkhed.

7.

The application stands disposed of in the above terms. JUDGE Tambe.