Sau. Pallavi W/O Atul Parmarthi v. Atul S/O Vasantrao Parmarthi
2025:BHC-NAG:8223 20 MCA Tr-420-2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
MISC. CIVIL APPLICATION (TR) NO.420 OF 2025 [Sau. Pallavi w/o Atul Parmarthi ..Vs.. Atul S/o Vasantrao Parmarthi] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.
Mr C. N. Wankhade, Advocate for Applicant (thr V. C.). Mr V. G. Lohia, Advocate for Non-Applicant.
CORAM
: M. W. CHANDWANI, J.
DATE : 19 th AUGUST , 2025 .
1.
Heard.
2.
By the present application, the applicant is seeking transfer of H.M.P. No.308 of 2023 and R.C.S. No.22 of 2024, pending before the 2nd Joint Civil Judge Senior Division, Bhusawal to Family Court, Akola and the Court of Civil Judge Senior Division, Akola respectively, on the ground that the applicant has a minor daughter who is suffering from various diseases and the distance between Akola to Bhusawal is about 200 kilometers. 3.
The application is opposed on the ground that earlier, the proceedings filed by the non-applicant-husband had been contested by the applicant wherein, she used to appear before the Court at Bhusawal. Apart from that, the maintenance pendente lite has already been granted to her. Therefore, he sought for rejection of the application.
4.
Considering the fact that the applicant has a minor daughter; the distance between Akola to Bhusawal which is about 200 kilometers and the fact that there are other activities which are required to be completed by the applicant, it will be inconvenient for her to visit Bhusawal and defend the case.
20 MCA Tr-420-2025 Notwithstanding the fact that she was attending the proceedings at Bhusawal and this cannot be an impediment for her now. Therefore, a case is made out for transfer of H.M.P. No.308 of 2023 and R.C.S. No.22 of 2024 to Family Court, Akola and the Court of Civil Judge Senior Division, Akola respectively. Hence the application is allowed.
5.
Accordingly, H.M.P. No.308 of 2023 is directed to be transferred from 2nd Joint Civil Judge Senior Division, Bhusawal to Family Court, Akola and R.C.S. No.22 of 2024 is also directed to be transferred from the 2nd Joint Civil Judge Senior Division, Bhusawal to the Court of Civil Judge Senior Division, Akola. 6.
In the above said terms, the application stands disposed of. JUDGE Tambe.