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Bombay High CourtMCA/150/2025allowed

Sapna Dinesh Katariya v. Dinesh Munna Katariya

2025-08-21Hon'Ble Shri Justice M. W. Chandwani2 pages

2025:BHC-NAG:8286

17. MCA 150.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION (TR) NO. 150 OF 2025 Sapna Dinesh Katariya Vs. Dinesh Munna Katariya Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Shoeb Khan, Advocate, h/f. Mir Nagman Ali, Advocate for applicant.

CORAM : M.W. CHANDWANI, J.

DATE : 21.08.2025.

1.

Heard.

2.

The applicant seeks transfer of H.M.P. No. A-1958 of 2024 from the Court of Civil Judge, Senior Division, Kalyan to the Court of Civil Judge, Senior Division, Wardha.

3.

The contention is that, the applicant has a minor son. The distance between Wardha to Kalyan is approximately 600 kilometers. Hence, it would be difficult for her to attend the proceedings at Kalyan on every date, leaving behind her son who is 3 years old. Her father is an old aged person suffering from various ailments and it is impractical for him to accompany the applicant on every visit.

4.

Though, the non-applicant is served, nobody appeared on his behalf.

5.

Considering the situation of the applicant who is having the responsibility of a minor child and old aged

17. MCA 150.2025.odt father and also considering the distance between Wardha and Kalyan, it would be inconvenient for her to travel such a long distance to attend the proceedings in the Court of Civil Judge, Senior Division, Kalyan and then return back to Wardha.

6.

In view of the above, a case is made out for transfer.

7.

Accordingly, the application is allowed.

8.

The H.M.P. No.A-1958 of 2024 pending on the file of learned Civil Judge, Senior Division, Kalyan is hereby ordered to be transferred to the Court of Civil Judge, Senior Division, Wardha.

8.

Accordingly, the application stands disposed of. (M.W. CHANDWANI, J.) Tanmay