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Bombay High CourtMCA/602/2025allowed

Sau. Tejashree W/O Amey Waghmare v. Amey S/O Sanjay Waghmare

2025-11-18Hon'Ble Shri Justice Pravin S. Patil3 pages

2025:BHC-NAG:12488 1 MCA 602.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION [TR] NO.602 OF 2025 Sau. Tejashree w/o Amey Waghmare Aged about 30 years, Occupation-Household, C/o. Sudesh Wasankar, R/o.18, Krushisagar Society, Behind Yashwant Lawn, Sai Nagar, Amravati, Tq. and District-Amravati.

..

Applicant ..Versus..

Amey s/o Sanjay Waghmare, Aged 35 years, Occ : Service and Business, R/o. Plot No.26, Shree Nagar, Near NIT Garden, Nagpur, Tq. and Distt. Nagpur.

.. Non-Applicant ................

Mr. Nilesh Warulkar, Advocate for Applicant.

Mr. G.B. Mendhe, Advocate for Non-Applicant.

...............

CORAM : PRAVIN S. PATIL, J.

DATED : 18.11.2025.

JUDGMENT

1.

Heard the learned counsel for the parties.

2.

By this application, the applicant is seeking the

2 MCA 602.25 transfer of the proceeding bearing Petition No.A-463/2025 from the Family Court, Nagpur to the Family Court, Amravati. 3.

It is the case of the applicant that though the distance between Amravati and Nagpur is only 150 km, but due to medical reason, it is not possible for the applicant to attend the proceeding at Nagpur. In support of her submission, applicant has placed on record the medical certificate dated 13.11.2025 issued by Dr. Nitin V. Sonone. So also from the pleading, it is clear that due to health issue there was a dispute between the parties and accordingly they were residing separately since last more than two years.

4.

The learned counsel for the non-applicant on last date though strongly opposed the present application, however, today when the medical certificate is placed on record, has fairly conceded the fact that on medical ground this application can be considered positively in favour of applicant. 5.

Therefore, considering the peculiar facts and circumstances of the present case, I am of the opinion that indulgence of this court is necessary in the matter. Hence, I proceed to pass the following order :

3 MCA 602.25

O R D E R

(1) The application is allowed.

(2) The Petition No. A-463/2025 pending before Family Court, Nagpur is hereby transferred to Family Court, Amravati. (3) The Family Court, Nagpur is directed to transfer the record and proceedings of Petition No. A-463/2025 to the Family Court, Amravati.

(4) The parties are directed to appear before the Family Court, Amravati on 19.12.2025.

(5) It is made clear that non-applicant is permitted to appear before the Family Court, Amravati through video conference and in any case, his attendance is required, than the Family Court, Amravati is requested to keep the matter preferably on Saturday, so that non-applicant can attend the proceeding at Amravati. No costs.

(Pravin S. Patil, J.) Gulande