Jyoti W/O Abhijeetsingh Bais (Before Marriage Name - Jyoti Khushalsingh Jakhnava) v. Abhijeetsingh S/O Ashok Singh Bais

2025:BHC-NAG:2880 1 36-MCA No.47.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 47 OF 2025 Jyoti W/o Abhijeetsingh Bais (Jyoti Khushalsingh Jakhnavat) ..VS..

Abhijeetsingh S/o Ashoksingh Bais ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Rohan P. Kothari, Advocate h/f. mr. Rajnish Vyas, Advocate for applicant.

CORAM : SMT. M.S. JAWALKAR, J.

DATED : 18 th M ARCH, 2025 1.

An endorsement dated 15.03.2025 of the Office shows that respondent is served by regular mode. In spite of service non appears on behalf of the respondent. 2.

The present application is filed for transfer of Marriage Petition No.432/2024, pending before the learned 7th Joint Civil Judge, Senior Division, Amravati filed by non-applicant under Section 13(1) (i-a) (i-b) of the Hindu Marriage Act, 1955. It is contention of the applicant that distance between village Mowad, Tahsil Narkhed, District Nagpur to Amravati is more than 120 km. Her parents are old along with whom she is residing. She has one small daughter of two years. As such, it is inconvenient to attend the dates at Amravati Court. It is further contended that she is having financial crises and she has no source of income. It is also further submitted that there is a case under Section 125 of the

2 36-MCA No.47.2025 Criminal Procedure Code bearing Criminal Misc. Application No.78/2024, pending before the Judicial Magistrate, First Class, Narkhed, District Nagpur. However, she has no problem to attend the proceeding at Nagpur if the proceeding will be transferred at the Court of Nagpur from the Court of Amravati, as there is no Civil Judge, Senior Division at Narkhed.

3.

Considering the reasons mentioned in the application, I am satisfied that application is liable to be allowed. Accordingly I passed the following order : (i) The Misc. Civil Application is allowed.

(ii) Marriage Petition No.432/2024 pending before the learned 7th Joint civil Judge, Senior Division, Amravati filed by non-applicant under Section 13(1) (i-a) (i-b) of the Hindu Marriage Act, 1955 is hereby withdrawn and transferred to the Civil Judge, Senior Division, Nagpur.

(iii) The learned Principal District Judge, Amravati to facilitate the transfer proceeding.

The Misc. Civil Application stands disposed of. (SMT. M.S. JAWALKAR, J.) Kirtak