Smt. Lata W/O Madhav Parlewar v. Madhav S/O Moreshwar Parlewar

(1) 914 mca 90-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR MISC. CIVIL APPLICATION (TR.) NO. 90 OF 2025 Smt. Lata W/o Madhav Parlewar Vs.

Madhav S/o Moreshwar Parlewar - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- - - - - - Shri Ritik Khobragade, Advocate h/f Shri G.D. Paunikar, Advocate for applicant CORAM : SMT M.S. JAWALKAR, J.

DATE : 09.05.2025 Heard learned Counsel for the applicant. In spite of service and in spite of granting fair opportunity, none for the non applicant.

2.

The applicant and the non applicant married on 27/05/2005. Due to matrimonial disputes, harassment and ill treatment, the applicant constrained to leave her matrimonial house and returned to her parental house at Chandrapur. There is daughter namely Nalini out of the wedlock, who was assaulted as per contention of the applicant and there was Non Cognizable offence registered against the non applicant. It appears that the non applicant filed divorce petition bearing Marriage Petition No. 298/2024, before the Civil Judge Senior Division, Nagpur.

(2) 914 mca 90-2025 3.

It is the contention of learned Counsel for applicant that distance between Chandrapur to Nagpur is about 160 kms and considering the NC registered against the non applicant, she has apprehension that the non applicant may continue to threat and assault to the applicant. As such, she prayed for transfer. Moreover, there is DV proceeding pending at Chandrapur. Considering this background, I am of the opinion that the applicant would suffer more inconvenience to attend the matter at Nagpur. As such, I am inclined to allow the application. Accordingly, I proceed to pass the following order:

ORDER

i) Application is allowed.

ii) Marriage Petition No. 298/2024, pending on the file of Joint Civil Judge Senior Division and ACJM, Nagpur, is hereby withdrawn and transferred to Civil Judge Senior Division, Chandrapur.

iii) Learned Principal District Judge, Nagpur, is hereby requested to facilitate the transfer.

Application stands disposed of.

(SMT M.S. JAWALKAR, J.) Jayashree..