Tanushri W/O Bhushan Patil v. Bhushan S/O Rajendra Patil

(1) 917 mca 635-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR MISC. CIVIL APPLICATION (TR.) NO. 635 OF 2023 Tanushri W/o Bhushan Patil Vs.

Bhushan S/o Rajendra Patil - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- - - - - - Shri Vivek Awchat, Advocate for applicant CORAM : SMT M.S. JAWALKAR, J.

DATE : 09.04.2025 Heard learned Counsel for the applicant. In spite of various attempt respondent avoided service, therefore, permission was granted to the applicant to serve the respondent by private mode.

2.

By this application applicant seeks direction to transfer the Marriage Petition No. 124/2023, pending on the file of 2nd Joint Civil Judge Senior Division, Dhule, to Civil Judge Senior Division, Nagpur.

3.

Applicant is resident of Narkhed. He got married with the respondent on 09/12/2019. She has delivered a child on 31/10/2021, at Indira Hospital, Shirpur. It is alleged that she was mentally as well as physically harassed by the respondent and even after birth of her son her family members were treating her badly. As she was having threat of life, she along with her minor child forced to leave her

(2) 917 mca 635-2023 matrimonial house on 17/02/2022. Presently she is residing at Narkhed. She received notice of divorce proceeding on 08/06/2023. She is not having any independent source of income and her child is also aged about 4 years. 4.

The distance from Narkhed to Dhule is about 455 kilometers. Thus, it definitely will cause inconvenience to the applicant. Moreover, one Domestic Violence proceeding is pending in the Court of CJM Narkhed, which is filed subsequent to the filing of this application. In view of above facts, I am inclined to allow the application and proceed to pass the following order.

ORDER

i) The Marriage Petition bearing No. 124/2023 (Bhushan Rajendra Patil versus Tanushri Rajendra Patil), pending on the file of 2nd Joint Civil Judge Senior Division and Additional Chief Judicial Magistrate, Dhule, is hereby withdrawn and transferred to Civil Judge Senior Division, Nagpur.

ii) The Learned principal District Judge, Dhule, is requested to facilitate the transfer.

iii) Parties to appear before learning Civil Judge Senior Division, Nagpur on 06/05/2025.

Application stands disposed of.

(SMT M.S. JAWALKAR, J.) Jayashree..