Sonam W/O Tryambak Zole v. Tryambak S/O Rishiji Zole

2025:BHC-NAG:780 1 23.mca. 760.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 760/2023 Sonam w/o. Tryambak Zole Vs.

Tryambak S/o. Rishiji Zole - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Gauravi Mishra, Advocate h/f. Mr. K.R. Jhamb, Advocate for Applicant.

CORAM : MRS.VRUSHALI V. JOSHI, JJ.

DATED : 24/01/2025.

.

On oral request, leave is granted to amend the prayer clauses.

2.

The amendment to be carried out forthwith.

3.

The applicant has filed this application to seek transfer of the proceedings filed by the non-applicant for restitution of conjugal rights vide Petition No.A/191/2022 pending before the Civil Judge Senior Division, Gondia to the Civil Judge Senior Division, Chandrapur.

4.

The learned Counsel for the applicant has stated that the applicant is staying at Chandrapur with her old aged parents along with her 2 1⁄2 years daughter. She has no income source and residing at the mercy of her parents. It is not possible for her to attend the Court at Gondia with her small daughter and she cannot afford the litigation charges. There is nobody to escort her from Chandrapur to Gondia, hence prayed to transfer the petition pending before the Civil Judge Senior Division, Gondia to the Civil Judge Senior Division, Chandrapur.

2 23.mca. 760.23 5.

Though the non-applicant is duly served, failed to appear in the matter.

6.

Considering the fact that the applicant is staying with her 2 1⁄2 years daughter and old aged parents, cannot travel along with her small daughter and she has no earning source to bear the traveling charges to attend the proceeding at Gondia, the application is allowed. 7.

The Petition No.A/191/2022 pending before the Civil Judge Senior Division, Gondia is hereby transferred to the Civil Judge Senior Division, Chandrapur.

8.

There shall be no order as to costs.

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