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Bombay High CourtMCA/862/2023allowed

Babita Stephen Chougule v. Stephen S/O Vishvajeet Chougule

2025-01-24Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

2025:BHC-NAG:769 1 30.mca.862.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 862/2023 Babita w/o. Stephen Chougule Vs.

Stephen s/o. Vishvajeet Chougule - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. V. Muley, Advocate for Applicant.

CORAM : MRS.VRUSHALI V. JOSHI, JJ.

DATED : 24/01/2025.

.

The applicant has filed this application to seek transfer of the proceedings filed by the non-applicant for grant of divorce vide Petition No.A/589/2022 pending before the Family Court, Sangli to the Civil Judge Senior Division, Nagpur.

2.

The learned Counsel for the applicant has stated that the applicant is staying at Nagpur and the distance from Nagpur to Sangli is 873 kilometers. The applicant is working at Nagpur and it is not possible for her to take leave and attend the Court at Sangli. The Domestic Violence proceeding is already pending before the Judicial Magistrate First Class, Hingana, District Nagpur. Hence, prayed to transfer the petition which is pending before the Family Court, Sangli to the Civil Judge Senior Division, Nagpur.

3.

Though the non-applicant is duly served, remained absent.

4.

Considering the distance from Nagpur to Sangli and as the applicant is a working women, it will cause

2 30.mca.862.23 inconvenience to her to attend the Sangli Court. Moreover, the Domestic Violence Proceeding is pending before the Hingna Court and the non-applicant has to attend the D.V. proceedings, therefore, he can also attend the petition in Nagpur Court. Hence, the application is allowed. 5.

The Petition No.A/589/2022 pending before the Family Court, Sangli is hereby transferred to the Nagpur Court.

6.

There shall be no order as to costs.

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