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Bombay High CourtMCA/86/2025allowed

Smt. Kajal Amol Nandgawali v. Amol Madhukar Nandagawali

2025-03-28Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 917 mca 86-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION (TR.) NO.86/2025 Smt. Kajal Amol Nadgawali Vs.

Amol Madhukar Nandgawali - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Jayanti A. Deshpande, Advocate for applicant CORAM :

SMT. M.S. JAWALKAR, J.

DATED : 28.03.2025 In spite of service none for the respondent.

2.

The reply is filed by the respondent.

3.

I have considered the contention of the applicant as well as reply placed on record. Respondent herein filed Marriage Petition No.113/2023 before the Joint Civil Judge Senior Division, Bhandara. The marriage between applicant and respondent was solemnized on 23.01.2022. It is contention of the applicant that she was physically as well as mentally harassed by the respondent and his family members. She was constrained to file complaint at Bhandara Police Station. Brother of applicant came to receive her at Police Station Bhandara in July 2022 and since then she is residing at her parents house. 4.

It is her contention that she is emotionally as well as financially depends on her parents. The applicant herein lodged complaint at Wadi Police

2 917 mca 86-2025 Station, which was registered on 25.08.2022 under Sections 498-A, 323, 504 read with Section 34 of the Indian Penal Code.

5.

In view of the complaint, she submits that she is apprehensive that if she is required to attend Bhandara, there is every likelihood of danger to her life.

6.

As against this, there would not be any inconvenience to the respondent to attend the matter at Family Court, Nagpur. As such, I proceed to pass the following order:

ORDER

i) The application is allowed.

ii) The Marriage Petition No.A/113/2023 pending on the file of learned Joint Civil Judge Senior Division, Bhandara, is hereby withdrawn and transferred to the learned Principle Judge Family Court, Nagpur.

iii) The learned Principal District Judge, Bhandara, is requested to facilitate the transfer proceeding.

The application is disposed of accordingly.

JUDGE R.S. Sahare