Shraddha W/O Prakashchandra Ramteke v. Prakashchandra S/O Bharat Ramteke

2025:BHC-NAG:7819

915. MCA No. 825.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION (TR) NO. 825 OF 2024 Sau. Shraddha W/o. Prakashchandra Ramteke Vs.

Prakashchandra S/o. Bharat Ramteke Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. Bhushan Dafle, Advocate for applicant.

CORAM : M.W. CHANDWANI, J.

DATE : 07.08.2025.

1.

Heard.

2.

By the present application, the applicant is seeking transfer of Hindu Marriage Petition No.448 of 2023, pending before the 2nd Joint Civil Judge, Senior Division, Chandrapur to Civil Judge, Senior Division, Wardha.

3.

The contention is that, the applicant is residing at the mercy of her parents and she has a two year old son who needs to be taken care of. 4.

Though the non-applicant was served, nobody appears on his behalf. Therefore, the contentions made on affidavit remain uncontroverted.

5.

Considering the fact that the applicant has to take care of her minor son who is 2 years old and in the case of N.C.V. Aishwarya vs A.S.Saravana Karthik

915. MCA No. 825.2024.odt Sha, Supreme Court of India1 wherein, it has been held that convenience of the wife must be looked at, a case is made out for transferring the proceedings filed by the non-applicant from Chandrapur to Wardha. Hence, the application is allowed.

6.

Accordingly, Hindu Marriage Petition No.448 of 2023 is directed to be transferred from the 2nd Joint Civil Judge, Senior Division, Chandrapur to Civil Judge, Senior Division, Wardha.

7.

The application stands disposed of.

(M.W. CHANDWANI, J.) Tanmay 2022 LiveLaw (SC) 627