Rukhmini W/O Vaibhav Mungashe v. Vaibhav Chandrakant Mungashe

2025:BHC-NAG:1942 1 3.mca.908.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 908/2023 Rukhmini w/o. Vaibhav Mungashe Vs. Vaibhav Chandrakant Mungashe - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. B. Gandhe, Advocate for Applicant.

Mr. A. M. Sharma, Advocate for Non-applicant. CORAM : MRS.VRUSHALI V. JOSHI, JJ.

DATED : 25/02/2025.

.

The applicant has filed this application to seek transfer of the divorce petition i.e. Petition No.A-941/2023 which is pending before the Family Court No.2, Pune to Family Court at Amravati.

2.

The applicant is staying at Amravati with her two years old child i.e. daughter. It is inconvenient for her to attend the Family Court at Pune from Amravati with her daughter. There is nobody to escort her from Amravati to Pune for attending the Court. Hence, prayed to transfer the petition which is pending before the Family Court at Pune to Family Court at Amravati as the proceedings under the Protection of Women From Domestic Violence Act, 2005 (for short "D.V.Act") are pending before the Court of Magistrate at Amravati.

3.

The learned Counsel for the non-applicant has stated that he has no objection to transfer the matter from Pune, however, objected to transfer it to Amravati as there is apprehension to him from family members of the applicant as it is a remote place for him. He is not conversant with any person at Amravati, therefore,

2 3.mca.908.23 requested to transfer it at neutral place i.e. Nagpur. He is ready to bear the travelling charges of the applicant. 4.

Heard both the learned Counsel of the parties. 5.

The applicant has filed the petition under D.V. Act before the Court at Amravati and the non-applicant has to attend said proceedings at Amravati. It will be convenient for both of them to attend both the matters at one place.

6.

Considering the inconvenience caused to the applicant to travel with two years old daughter at Pune, the application is allowed.

7.

The proceedings i.e. Petition No.A-941/2023 which is pending before the Family Court No.2, Pune is hereby transferred to the Family Court at Amravati. (MRS. VRUSHALI V. JOSHI, J.) RGurnule