Mrs Aparna W/O Arun Kakde v. Arun S/O Shankar Kakde

1/3 58.mca.493.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION (TRANSFER) NO. 493 OF 2024 Mrs. Aparna w/o Arun Kakde ... APPLICANT

Versus

Arun s/o Shankar Kakde ... RESPONDENT Ms. A. A. Pande, Advocate (Appointed) for the Applicant. None for the Respondent.

CORAM

: R. M. JOSHI, J.

DATE : JUNE 13, 2025.

ORDER

.

Heard Ms. A. A. Pande, learned Counsel (Appointed) for the Applicant. None appeared for the Respondent, though served. 2.

The Applicant is wife resident of Wardha. It is her claim that she has no independent source of income and that she is dependent on her parents for her survival. It is claimed that the Respondent/husband has filed proceeding under the provisions of Hindu Marriage Act, 1955 bearing Hindu Marriage Petition No. 23/2024 before the Civil Judge Senior Division, Buldhana, which is at a distance of about 305 kilometers. 3.

The learned Counsel for Applicant submits that if the Applicant is called upon to attend the said proceeding, prejudice will cause to her. Apart

2/3 58.mca.493.2024.odt from this, it is her submission that proceedings filed under the provisions of Protection of Women from Domestic Violence Act, 2005 bearing PWDVA Case No. 79/2023 against the Respondent/husband are pending in the Court at Wardha, and as such, no prejudice will cause to the Respondent/husband, if the proceedings are transferred as prayed.

4.

Absence of the Respondent/husband indicates that there is no inclination on his part to oppose the Application. The contention of the Applicant has gone unchallenged. The distance between Buldhana and Wardha is about 305 kilometers. This Court finds substance in the contention of learned Counsel that if the Applicant is called upon to attend the proceedings at Buldhana, prejudice may cause to her to defence in the said proceedings. In any case, there is a proceeding filed by the wife against the husband under the Domestic Violence Act, which is pending in the Court at Wardha, and as such no prejudice will cause to the husband, in case Application is allowed. 5.

In view of above, Misc. Civil Application stands allowed in terms of prayer clause - (i) of the Application.

6.

The Applicant is directed to ensure that the proceedings of Hindu Marriage Petition No. 23/2024 and the proceedings under the Domestic Violence Act bearing PWDVA Case No. 79/2023 are kept for hearing on the same date.

7.

Misc. Civil Application stands disposed of in above terms. 8.

Ms. Pande, the learned Counsel (Appointed) appeared in the

3/3 58.mca.493.2024.odt matter on behalf of the Applicant. Her professional fees be quantified as per Rules.

(R. M. JOSHI, J.) vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 18/06/2025 19:38:35