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Bombay High CourtMCA/670/2023allowed

Mrs. Trupti W/O Akash Badge v. Shri. Akash S/O Pradiprao Badge

2025-01-24Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

2025:BHC-NAG:781 1 22.mca.670.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 670/2023 Mrs. Trupti w/o. Akash Badge Vs. Shri Akash s/o. Pradiprao Badge - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. A. Dutonde, Advocate for Applicant.

Mr. V. N. Mate, Advocate for Non-applicant.

CORAM : MRS.VRUSHALI V. JOSHI, JJ.

DATED : 24/01/2025.

.

The applicant has filed this application to seek transfer of the proceedings filed by the non-applicant for divorce vide Marriage Petition No.A-11/2023 pending before the Family Court No.1, Amravati to the Family Court at Pune.

2.

The learned Counsel for the applicant has stated that the applicant is staying at Pune. She has filed Domestic Violence Petition before the 2nd Joint Judicial Magistrate First Class, Khadki, Pune. Earlier the applicant was doing job but now she is not doing job and is staying at Pune. Considering the distance between Amravati to Pune, it is not possible for her to travel for attending each and every dates of the proceeding. Hence, prayed to transfer the petition from Court at Amravati to Court at Pune.

3.

The learned Counsel for the non-applicant opposed the application stating that the applicant is a working woman. She is frequently visited Amravati as her parents are staying there. Earlier she was working in Mumbai and then transferred to Pune. The reasons given

2 22.mca.670.23 for transfer of the petition from Amravati to Pune is the only inconvenience caused to the applicant, which cannot be considered, hence prayed to reject the application. 4.

To counter the argument made by the nonapplicant that her parents are staying at Amravati and she is visiting Amravati frequently, the applicant has filed the Identity Card of her father to prove that her father is transferred from Amravati to Pune and all of them are staying at Pune.

5.

Heard both the learned Counsel 6.

It appears that the Domestic Violence proceeding is pending before the 2nd Joint Judicial Magistrate First Class, Khadki, Pune and the non-applicant is attending the said proceeding.

7.

Considering the distance which is 650 kilometers from Amravati to Pune and the inconvenience caused to a lady, who is working, it is not possible for her to attend each and every date of the proceeding at Amravati, the application is allowed.

8.

The Marriage Petition No.A-11/2023 pending before the Family Court No.1, Amravati is hereby transferred to the Family Court at Pune.

9.

There shall be no order as to costs.

(MRS. VRUSHALI V. JOSHI, J.) RGurnule