Ekta W/O Vivek Balvir (D/O Arvind Bagde) v. Vivek S/O Sanjay Balvir
2025:BHC-NAG:7666 1 923-mca-10-25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
MISC. CIVIL APPLICATION NO. 10 OF 2025 Ekta W/o. Vivek Balvir Vs.
Vivek S/o. Sanjay Balvir ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ Ms. Archana Ghutke, Advocate for applicant.
None for non-applicant.
CORAM :- M. W. CHANDWANI, J.
DATED :- 01.08.2025 Heard.
2.
By the present application, HMP No. A71/2024 filed by the non-applicant/husband before the Civil Judge Senior Division (CJSD), Hinganghat is sought to be transferred to Family Court, Nagpur.
3.
The contention is that the applicant/wife has a four year old son and therefore, it would not be convenient for her to attend the Court at Hinganghat, Dist. Wardha along with her minor son. The applicant/wife has also filed proceedings under Section 125 of the CrPC before Family Court, Nagpur vide Petition no. E-224/2024 and another proceedings before the Judicial Magistrate First Class (JMFC), Nagpur under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
RR Jaiswal
2 923-mca-10-25.odt 4.
Though, the non-applicant is served but he chose not to appear before this Court.
5.
Considering the fact that the applicant, who has no source of income to maintain herself and her minor son aged about four years, coupled with the fact that other proceedings are also pending before Family Court, Nagpur and JMFC, Nagpur wherein, the nonapplicant has to appear, balance of convenience lies in favour of the applicant/wife.
6.
Hence, the application is allowed and HMP no. A-71/2024 pending on the file of CJSD, Hinganghat, Dist. Wardha is directed to be transferred to Family Court, Nagpur.
(M. W. CHANDWANI, J.) RR Jaiswal