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Bombay High CourtMCA/295/2024application allowed

Savita Tushar Tidke v. Tushar Ramesh Tidke

2026-01-05Hon'Ble Shri Justice Y. G. Khobragade3 pages

2026:BHC-AUG:132 30-MCA-295-2024.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 30 MISC.CIVIL APPLICATION NO. 295 OF 2024 SAVITA TUSHAR TIDKE

VERSUS

TUSHAR RAMESH TIDKE ....

Mr. C. V. Thombre, Advocate for the Applicant ....

CORAM : Y. G. KHOBRAGADE, J.

DATE : January 05, 2026 PER COURT :- 1.

Heard learned counsel for the applicant at length. 2.

Despite service of notice through the father of the respondent, he failed to appear.

3.

By the present application under Section 24 of the Code of Civil Procedure, the applicant / wife prayed for transfer of H.M.P. No.180 of 2023, from the file of learned Civil Judge Senior Division, Niphad, District Nashik to the learned Family Court, Jalgaon.

(( 2 )) 30-MCA-295-2024 4.

After going through the present application, it appears that on 17.05.2019, the marriage between the present applicant and the non-applicant was solemnized as per the Hindu customs and rites, at 'Mahatma Phule Mali Samaj Mangal Karyalaya, Pimpalgaon Hare, Tq. Pachora, District Jalgaon'. However, the applicant was tortured at the hands of her in-laws and the non-applicant / husband, which ultimately resulted to take her shelter at her paternal house at village Pachora. The applicant has no source of income to incur expenses for travelling to and fro to attend the court proceedings at Niphad. Further, the Court at Niphad is about 175 kms away from her paternal house, which causes her inconvenience to attend the proceeding and it will be very difficult to travel alone from her paternal village to Niphad for attending the proceedings on each and every date. Therefore, it would be just and proper to withdraw H.M.P. No.180 of 2023 from the file of learned Civil Judge Senior Division, Niphad, District Nashik and to transfer the same to the Family Court at Jalgaon for further decision.

5.

In view of above, the present Miscellaneous Civil Application is allowed.

(( 3 )) 30-MCA-295-2024 6.

The proceeding bearing H.M.P. No.180 of 2023 is hereby withdrawn from the file of learned Civil Judge Senior Division, Niphad and transferred to the Family Court, Jalgaon for further decision.

[ Y. G. KHOBRAGADE, J. ] SMS