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Bombay High CourtMCA/1028/2024allowed

Smt. Sneha W/O Surajkumar Rathod v. Surajkumar S/O Bhaskarrao Rathod

2025-07-11Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

2025:BHC-NAG:6604 1 34.mca.1028.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 1028/2024 Smt. Sneha w/o. Surajkumar Rathod Vs.

Surajkumar s/o. Bhaskarrao Rathod - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Mohit Bobde, Advocate for Applicant.

CORAM : MRS.VRUSHALI V. JOSHI, JJ.

DATED : 11/07/2025.

.

Heard.

2.

The applicant has filed this application to seek transfer of the petition filed by the non-applicant for restitution of conjugal right vide H.M.P.No.77/2024 pending on the file of Civil Judge Senior Division, Mangrulpir, District Washim to the Family Court at Yavatmal.

3.

The learned Counsel for the applicant has stated that the applicant is staying at Yavatmal with her 1 1⁄2 years old daughter. She has filed the maintenance petition at Yavatmal Court and the non-applicant is appearing in the said matter. It is difficult for the applicant to travel with her small daughter to attend the matter at Court at Mangrulpir, which is filed by the non-applicant, hence, prayed to transfer the petition pending on the file of the Civil Judge Senior Division, Mangrulpir, District Washim to the Family Court at Yavatmal.

4.

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

2 34.mca.1028.24 5.

The applicant is staying at Yavatmal with her small daughter. Therefore, it will cause inconvenience to her to attend the Court at Mangrulpir. Moreover, the maintenance proceeding is pending before the Yavatmal Court and the non-applicant has to attend the said proceeding, therefore, he can also attend the petition in Yavatmal Court. Hence, the application is allowed. 6.

The Petition vide H.M.P.No.77/2024 pending on the file of Civil Judge Senior Division, Mangrulpir, District Washim is hereby transferred to the Family Court at Yavatmal.

7.

The application stands disposed of. No costs. (MRS. VRUSHALI V. JOSHI, J.) RGurnule