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Bombay High CourtMCA/473/2024allowed

Smt. Sheetal W/O Manikchand Madavi v. Shri. Manik S/O Gangaramji Madavi

2025-01-23Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

2025:BHC-NAG:729 1 23.mca.473.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 473/2024 Smt. Sheetal w/o. Manikchand Madavi Vs.

Shri Manik s/o. Gangaramji Madavi - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. C.F. Bhagwani, Advocate for Applicant.

CORAM : MRS.VRUSHALI V. JOSHI, JJ.

DATED : 23/01/2025.

.

This is an application filed by the applicant for transfer of petition for divorce bearing Marriage Petition No.115/2023, which is filed by the non-applicant before the Civil Judge, Senior Division, Akot to the Joint Civil Judge, Senior Division, Ramtek.

2.

The learned Counsel for the applicant has stated that the Domestic Violence proceedings and the maintenance proceedings which were pending before the Kamptee Court are concluded in favour of the applicant. The son and the daughter of the applicant are staying with her. The proceeding is pending before the Civil Judge, Senior Division, Akot for filing written statement. The applicnt is staying at Ramtek and it is not possible for her to attend the Court at Akot which takes about 5 hours from Ramtek to Akot. There is nobody to escort her and nobody to look after her children and manage their school. Hence, prayed to transfer the proceedings pending before the Civil Judge Senior Division, Akot to the Joint Civil Judge, Senior Division, Ramtek.

2 23.mca.473.24 3.

The non-applicant is duly served, but failed to appear in this matter.

4.

Considering the inconvenience caused to the applicant as she is staying at Ramtek and it took about 5 hours to reach at Akot, it is not possible for her to attend the Court at Akot after taking care of her school going children, the application is allowed.

5.

The proceedings bearing Marriage Petition No.115/2023 pending before the Civil Judge, Senior Division, Akot is hereby transferred to the Joint Civil Judge, Senior Division, Ramtek.

6.

There shall be no order as to costs.

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