Ashwini @ Pushpa W/O Vishal Dhamange v. Vishal S/O Navnath Dhamange

2025:BHC-NAG:14171 1/5 22.Judg.mca.2.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 02 OF 2025 Sau. Ashwini @ Pushpa w/o Vishal Dhamange, Aged : 25 Years, Occu :

Household, R/o - C/o Sharad Yashwantrao Devikar, Ambaget, Near Takiya Darga, Amravati, Tahsil and District Amravati.

... APPLICANT V E R S U S Vishal s/o Navnath Dhamange Aged : 37 Years, Occu : Service & Business;

R/o Near Balaji Mandir, Babupeth Ward No.19, Chandrapur, Tahsil and District Chandrapur.

... RESPONDENT Mr. Sawan Alaspurkar, Advocate for Applicant. Mr. S. N. Singh, Advocate for Respondent.

CORAM : PRAVIN S. PATIL, J.

DATE : DECEMBER 08, 2025.

JUDGMENT

.

Heard Mr. Sawan Alaspurkar, learned Counsel for the Applicant and Mr. S. N. Singh, learned Counsel for the Respondent. 2.

By this Application, the Applicant is seeking transfer of Hindu Marriage Petition No. 446/2024 pending on the file of 3rd Joint Civil Judge Senior Division, Chandrapur to the Family Court, Amravati.

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The Applicant/wife has stated that due to matrimonial discord both the parties are residing separately. At present the Applicant is residing at Amravati. She is maintaining 4 years old child. It is stated that the Applicant has already filed the proceeding under the provisions of Protection of Women From Domestic Violence Act bearing PWDVA No.15/2024 which is pending before the Judicial Magistrate First Class, Amravati. The Applicant stated that the Respondent is regularly attending the proceeding at Amravati. Hence, no prejudice would be caused to the Respondent, if the proceedings are transferred from Chandrapur to Amravati.

4.

The Respondent has strongly opposed the Application and stated that the reasons stated by the Applicant in the Application are not sufficient to transfer the proceeding from Chandrapur to Amravati. According to him, the Applicant was earlier residing with him and very well travel from Amravati to Chandrapur and there is no impediment for her to travel only because of having a small child residing with her.

5.

In the present case, it is pertinent to note that distance between Amravati to Chandrapur is 300 kms and it will be difficult for the Applicant to carry her 4 years old small child for such a long distance. On the contrary, the

3/5 22.Judg.mca.2.2025.odt Respondent is already attending the proceeding which are filed by the Applicant at Amravati. In such circumstances, considering the fact of convenience of Applicant/wife, it will be better for the Respondent to attend the proceeding at Amravati instead of asking the Applicant to travel from Amravati to Chandrapur.

6.

It is pertinent to note that as per the law laid down by the Hon'ble Supreme Court of India in the case of N.C.V. Aishwarya V/s A. S. Saravana Karthik Sha, 2022 SCC OnLine SC 1199, it is held that in such peculiar facts and circumstances of the case while deciding the convenience of the parties, the incidental issues are also required to be considered. The Hon'ble Supreme Court has specifically laid down the law in paragraph Nos.9 and 10 as under : "9.

The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally,

4/5 22.Judg.mca.2.2025.odt it is the wife's convenience which must be looked at while considering transfer.

10.

Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions."

7.

In the present matter, considering the peculiar facts and circumstances of the case, it is clear that distance between Amravati to Chandrapur is near about 300 kms; the Applicant is already maintaining a child of four years old; and the Respondent is attending one of the proceeding at Amravati. Hence, in my opinion, it will be justified to transfer the proceeding filed by the Respondent before the Civil Judge Senior Division, Chandrapur to the Family Court, Amravati, which will be convenient to both the parties with a rider that Respondent be permitted to attend the proceeding through Video Conferencing at Family Court, Amravati. Resultantly, the following order is passed.

ORDER

1. Misc. Civil Application is allowed.

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2. Hindu Marriage Petition No. 446/2024 pending on the file of 3rd Civil Judge Senior Division, Chandrapur is hereby transferred to the Family Court, Amravati.

3. 3rd Joint Civil Judge Senior Division, Chandrapur is directed to transfer the Record and Proceedings of HMP No. 446/2024 to the Family Court, Amravati.

4. The Family Court, Amravati is directed to permit the Respondent to attend the proceeding through Video Conferencing.

5. The Respondent is directed to secure his physical presence as and when required before the Family Court, Amravati.

6. No order as to costs.

[PRAVIN S. PATIL, J.] vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 12/12/2025 19:55:33