Ashwini Ankit Kosekar v. Ankit Kiran Kosekar
2025:BHC-NAG:7913
920. MCA No. 171.2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION (TR) NO. 171 OF 2025 Ashwini Ankit Kosekar Vs. Ankit Kiran Kosekar Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. Roshani Gijare, Advocate, h/f. Mr. S. M. Joshi, Advocate for applicant. Mr. R. S. Jadhav, (through V.C.), Advocate for non-applicant. CORAM : M.W. CHANDWANI, J.
DATE : 07.08.2025.
1.
Heard.
2.
By the present application, the applicant is seeking transfer of Petition No.A-1743 of 2024, pending on the file of Family Court No.6, Pune to Family Court, Amravati.
3.
The contention is that, the applicant is presently residing at the mercy of her parents in their house. Other proceedings under the provisions of Protection of Women from Domestic Violence Act, 2005 are pending before the learned 10th Joint Civil Judge, Junior Division and Judicial Magistrate, First Class, Amravati. It is further contended that even otherwise, the non-applicant has to attend the said proceedings at Amravati. According to him, the distance between Amravati to Pune is 600 Kms, and it would be difficult for the applicant being a lady, to travel from Amravati to Pune to and fro.
4.
The application is opposed on the ground that the applicant is an educated lady and can appear through
920. MCA No. 171.2025.odt Video Conferencing (VC) and therefore, it is prayed that the application be rejected.
5.
It is not in dispute that the non-applicant has to attend the proceedings filed by the applicant before the Family Court as well as a criminal case at Amravati. The Supreme Court of India in the case of N.C.V. Aishwarya vs A.S.Saravana Karthik Sha 1 has observed that convenience of the wife is to be taken into consideration. 6.
Considering that the distance between Amravati to Pune is about 600 Kms and the fact that being a lady, it will be inconvenient for the applicant to travel such long distance to attend the proceeding at Pune and then return to Amravati, a case is made out for transfer the petition. Hence, the following order.
7.
The application is allowed.
8.
Petition No.A-1743 of 2024 is directed to be transferred from the Family Court No.6, Pune to Family Court, Amravati.
9.
So far as the appearance of the non-applicant is concerned, he may attend the proceedings through VC with due permission of the Family Court at Amravati, if the such facility is available there.
10.
The application stands disposed.
(M.W. CHANDWANI, J.) Tanmay 2022 LiveLaw (SC) 627