Shubhangi W/O Chanchal Gulrandhe v. Chanchal Shriramji Gulrandhe

1 34 mca 798-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION (TR.) NO.798/2023 Shubhangi w/o Chanchal Gulrandhe Vs.

Chanchal Shriramji Gulrandhe - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.B. Karode, Advocate h/f Shri S.B. Gandhe, Advocate for applicant CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

21/12/ Heard learned Counsel for applicant.

2.

In spite of service and in spite of granting opportunity, none for the non-applicant.

3.

The present application is filed by applicant/wife for transfer of Hindu Marriage Petition No.A-373/2023, pending before the learned Family Court Nagpur to learned Civil Judge, Senior Division, Daryapur, District Amravati.

4.

The applicant is legally wedded wife of non-applicant. Their marriage came to be performed on 03/01/2021. It is contention of applicant that due to mental and physical

2 34 mca 798-2023 harassment, she was constrained to leave her matrimonial house and started residing with her parents house.

5.

The non-applicant filed petition under Section 13 (1)(i-a) and (i-b) of the Hindu Marriage Act before the learned Family Court, Nagpur.

6.

The distance between Nagpur to Daryapur, District Amravati is around 200 km. As such, there would inconvenience and hardship cause if applicant is required to attend the proceeding at Nagpur.

7.

However, considering the distance and considering the inconvenience which is going to cause to the applicant, I am satisfied that the application needs to be allowed. Accordingly, I proceed to pass the following order:

O R D E R

i) The application is allowed.

ii) The proceeding i.e. H.M. Petition No.A-373/2023 pending on the file of learned Family Court, Nagpur is hereby withdrawn and transferred to learned Civil Judge, Senior Division, Daryapur, District Amravati.

3 34 mca 798-2023 iii) The learned Principal Judge, Family Court, Nagpur is requested to facilitate the transfer.

iv) The non-applicant is permitted to appear through video conferencing except on the date when Court requires his personal attendance.

The application stands disposed of accordingly.

JUDGE R.S. Sahare