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Bombay High CourtMCA/239/2025rejected

Sau. Rashmi Ashish Khodke v. Ashish Devidas Khodke

2025-09-11Hon'Ble Shri Justice Pravin S. Patil2 pages

1 32.mca.239.2025

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO.239 OF 2025 Sau. Rashmi Ashish Khodke ..vs..

Ashish Devidas Khodke - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.D. Chouragade, Advocate for the applicant. Shri K.R. Bhise, Advocate for non-applicant.

CORAM: PRAVIN S. PATIL, J.

DATE : 11.09.2025.

Heard.

2.

By this application, the applicant is seeking transfer of divorce petition bearing HMPA No.155/2022 filed by the non-applicant/husband from the file of Joint Civil Judge, Senior Division, Manglurpir, District Washim to the court of Civil Judge Senior Division, Daryapur, Dist. Amravati. 3.

The main reason quoted in the application as well as reiterated by the applicant in his submission that the distance between Mangrulpir and Daryapur being long, the applicant/wife causing hardship and inconvenience to attend the proceedings at Manglurpir. Hence on the ground alone, she seeks transfer of the proceedings at Daryapur. 4.

Per contra, learned Counsel appearing for the non-applicant states that he is a medical practitioner and he is unable to attend the proceedings at Daryapur. He further pointed out that the applicant/wife through her minor son has already filed Civil Suit bearing RCS No.343/2023 for partition against the present non-applicant.

5.

The said proceedings is pending at Mangrulpir. It is well settled position of law, if any proceeding is pending at

2 32.mca.239.2025 any station but it is desirable that other proceedings between the same parties can be allowed to contrinue at the same station.

6.

In the present case, considering the fact that the civil suit is already pending before the Civil Judge Junior Division, Mangrulpir, I find no reason to interfere in the present matter.

7.

Hence, in view of the above, the Misc. Civil Application stands rejected.

(PRAVIN S. PATIL , J.

) Trupti