Sau Shital Rahul Chaursia And Another v. Rahul S/O Ashok Chaursia
2025:BHC-NAG:14576 1 MCA 643.25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION [TR] NO.643 OF 2025
1) Sau. Shital Rahul Chaursia, Aged about 34 years, Occupation as Householder.
2) Atharv s/o Rahul Chaursia, Aged about 5 years.
Both are residing at the same Address as; R/o.142, Laxmi Nivas, Immamwada, Jat Tarodi, Ghat Road, Nagpur-440003.
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Applicants .. Versus ..
Rahul s/o Ashok Chaursia, Age 39 years, Occ : Job, R/o. Suryatola Road, Parmatma Ek Nagar, Nikunj Colony Gondiya, Behild Shakti Mandir Gondiya, Maharashtra-441601.
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Non-Applicant ..........
Ms. Sonali B. Khobragade, Advocate (Appointed) for Applicants.
Mr. Amey Chourasiya, Advocate for Non-Applicant. ..........
CORAM : PRAVIN S. PATIL, J.
DATED : 19.12.2025.
2 MCA 643.25
JUDGMENT
1.
By this application, the applicant is seeking the transfer of the proceeding bearing Hindu Marriage Petition No.65/2021 from the file of the Civil Judge, Senior Division, Gondiya to the Civil Judge, Senior Division, Nagpur.
2.
It is the submission of the present applicant that she is maintaining the child begotten from the marriage and also taking all his care including his school fees etc. The son is five years old only. Hence, according to her, it will be difficult to her to travel from Nagpur to Gondiya. It is also stated that she has filed the proceeding under the Protection of Women from Domestic Violence Act at Nagpur and the non-applicant is attending the said proceeding at Nagpur.
3.
The non-applicant in response to the notice issued by this court appeared in the matter. He is rendering the service at Gondiya and it will be difficult for him to attend the proceeding at Nagpur. However, he has inclined to pay the travelling charges to the applicant if she attends the proceeding at Gondiya.
3 MCA 643.25 4.
In the background of above said position, the applicant is ready to attend the proceeding at Gondiya, if the regular travelling charges on each date is paid by the non-applicant without any fault. The applicant has only apprehension that non-applicant will not pay the amount because in the maintenance proceeding, he is not regularly depositing the monthly maintenance.
5.
In the light of the submission of both the parties, I am of the opinion that the following order will sub-serve the purpose in the matter. Hence, I proceed to pass the following order :
O R D E R
(i) The application is rejected.
(ii) The applicant is directed to attend the proceeding bearing Hindu Marriage Petition No.65/2021 before the learned Civil Judge, Senior Division, Gondiya.
(iii) The non-applicant is directed to deposit the amount of Rs.1,500/- before each date to the bank account of the applicant or transfer the said amount through on-line on or before each date and if such amount is deposited, the applicant
4 MCA 643.25 will attend the proceeding before the learned Civil Judge, Senior Division, Gondiya.
(iv) In case, the non-applicant failed to deposit the amount of Rs.1,500/- towards the travelling charges, the learned Civil Judge, Senior Division, Gondiya is directed to pass appropriate orders in the pending case.
(v) The fees of the learned counsel appointed on behalf of the applicants be quantified as per the rules. (Pravin S. Patil, J.) Gulande