Sau. Sneha Akshay Makhare v. Akshay S/O Popat Makhare

943. MCA(Tr) 551.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION (TR.) NO. 551 OF 2021 Sau. Sneha Akshay Makhare ...VERSUS...

Akshay S/o. Popat Makhare ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri R.M.Patwardhan, Advocate and Shri S.R.Chakravarti, Advocate for applicant. Shri Sahil S. Dewani, Advocate for respondent.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th JULY , 2022.

The present application is filed by the applicant for transfer of proceedings i.e. Hindu Marriage Petition (HMP) No. A-730/2021 pending before the learned Family Court at Pune to the learned Family Court at Nagpur.

2.

It is submitted that the marriage between the applicant and respondent was solemnized on 09/11/2019 at Pune. That within short time, it was noticed that the applicant was not treated properly in the matrimonial house and therefore, she was constrained to leave matrimonial house and came back to the parental house at Nagpur.

3.

When going into allegations in the matter, it appears that there are two cases/proceedings filed by the applicant against the respondent. Out of which, first is filed by the applicant vide No. E-175/2020 for seeking the maintenance under Section 125 of the Code of Criminal Procedure before the Family Court at Nagpur and

943. MCA(Tr) 551.2021 second is filed vide MCA No. 2414/2020 under Section 12 of the Protection of Women from Domestic Violence Act before the Court of Judicial Magistrate, First Class, Nagpur.

4.

The divorce petition filed by the respondent against the applicant vide HMP No. A-730/2021 is subsequent to the applications/proceedings referred above.

5.

Considering the distance between Pune and Nagpur, and pending applications/proceedings, it would be inconvenient to the applicant to attend the Family Court at Pune. It is also informed that the parties are referred to the Mediator for amicable settlement. In view thereof, it would be appropriate to allow the present application. According, I proceed to pass the following order:- O RDER

1. The application is allowed.

2. HMP No. A-730/2021 pending on the file of Family Court at Pune is hereby transferred to the Family Court at Nagpur.

3. Learned Principal Judge of Family Court at Pune is requested to facilitate the above transfer preferably within one month.

4. The application is disposed of.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar