Sapna W/O Anirudha Jillawar v. Aniruddh S/O Bhalchandra Jillawar

2025:BHC-NAG:7911

9. MCA No. 140.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION (TR) NO. 140 OF 2024 Sapna Anirudha Jillawar Vs. Aniruddh s/o. Bhalchandra Jillawar Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. Swati Kulkarni (Potey), Advocate for applicant. Mr. A. Dhage, Advocate h/f. Mr. K. S. Narwade, Advocate for nonapplicant. CORAM : M.W. CHANDWANI, J.

DATE : 07.08.2025.

1.

Heard.

2.

By the present application, the applicant is seeking transfer of Hindu Marriage Petition No.67 of 2023, pending before the Civil Judge, Senior Division, Pusad to Family Court, Nanded.

3.

The contention is that, the applicant is residing at the mercy of her parents at Nanded. Other proceedings under the provisions of Domestic Violence Act are pending on the file of the learned Judicial Magistrate, First Class, Nanded as well as an application under Section 125 of the Cr.P.C. is pending before Family Court, Nanded. The applicant, being a lady has to travel all the way from Nanded to Pusad, which is 130 Kms away.

4.

Per contra, the learned counsel appearing for the non-applicant submitted that the non-applicant is

9. MCA No. 140.2024.odt suffering from some diseases related to the gall bladder and he is undergoing treatment for the same. Therefore, it will be difficult even for him to travel from Pusad to Nanded. Hence, he prayed for rejection of the application.

5.

There are proceedings filed by the applicant at Nanded in which even otherwise the nonapplicant has to appear before the learned Judicial Magistrate First Class, Nanded.

6.

So far as the argument made in respect of the health issues of the non-applicant is concerned, in my view, he can appear through Video Conferencing, with the permission of the Family Court at Nanded, if such facility is available there. Considering this aspect, a case is made out for transfer of the proceedings. Hence, the following order:

7.

The application is allowed.

8.

Hindu Marriage Petition No.67 of 2023, pending on the file of Civil Judge Senior Division, Pusad, District Yavatmal is directed to be transferred to Family Court, Nanded.

9.

The application stands disposed of.

(M.W. CHANDWANI, J.) Tanmay