Sau. Arti Mayur Shriwas v. Shri. Mayur Jagdishprasad Shriwas

1 / 3 62.MCA (Tr) No. 283-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION (TR) NO. 283 OF 2025 Sau. Arti Mayur Shriwas Vs.

Shri. Mayur Jadishprasad Shriwas ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. Sukrut S. Sohoni, Advocate for applicant. Mr. Guru Sharma, Advocate for non-applicant. CORAM : MRS. VRUSHALI V. JOSHI, J.

DATE : 09.07.2025.

The learned counsel appearing for the applicant has filed this Miscellaneous Civil Application to transfer the proceeding, which is pending before the 2nd Joint Civil Judge Senior Division, Chandrapur filed by the non-applicant. 2.

The applicant is staying at Balapur, Dist.

Akola. She has filed the proceeding under the provisions of Domestic Violence Act, 2005.

3.

The learned counsel for applicant has stated that the non-applicant is appearing in said matter. It is not possible for the applicant to attend the Court at 2nd Joint Civil Judge Senior Division,

2 / 3 62.MCA (Tr) No. 283-2025 Chandrapur, where the non-applicant has filed the petition for restitution of conjugal rights, as there is nobody to escort her. The applicant is not getting any maintenance and, therefore, she prayed to transfer the application, which is pending before the 2nd Joint Civil Judge, Senior Division, Chandrapur to Family Court at Akola.

4.

The learned counsel appearing for the non-applicant opposed the said application stating that the non-applicant is staying with his parents and mother of applicant is suffering from cancer and he has to take care of her and opposed to transfer the matter, which is pending before the 2nd Joint Civil Judge Senior Division, Chandrapur.

5.

Heard both the learned counsel for the respective parties.

6.

The Domestic Violence proceeding is pending before the Judicial Magistrate First Class, Balapur, Dist. Akola and the non-applicant is attending it. Though, the non-applicant has opposed the application, on the ground of the ill-health of his parents, however, he has to attend the proceedings before the Judicial Magistrate First Class, Balapur, Dist. Akola and he can take the same date to attend

3 / 3 62.MCA (Tr) No. 283-2025 the proceedings, if transferred to Family Court, Akola.

7.

Hence, the Miscellaneous Civil Application is allowed. The Petition bearing No. 36 of 2025, which is pending before the 2nd Joint Civil Judge Senior Division, Chandrapur is transferred to the file of Family Court, Akola.

8.

Miscellaneous Civil Application stands disposed of.

(Mrs. Vrushali V. Joshi, J.)