Vaishnavi W/O Kaustubh Rane v. Kaustubh S/O Prakash Rane

1/2 62.mca.534.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION (TRANSFER) NO. 534 OF 2024 Vaishnavi Kaustubh Rane ... APPLICANT

Versus

Kaustubh Prakash Rane ... RESPONDENT Mr. T. U. Tathod, Advocate for Applicant.

None for the Respondent.

CORAM

: R. M. JOSHI, J.

DATE : JUNE 13, 2025.

ORDER

.

Heard Mr. T. U. Tathod, learned Counsel for Applicant. None appeared for the Respondent, though served.

2.

The Applicant is wife resident of Amravati. 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. A-680/2023 before the Family Court at Nagpur, which is at a distance of about 150 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 from this, it is his submission that proceedings filed under the provisions of

2/2 62.mca.534.2024.odt Protection of Women from Domestic Violence Act, 2005 bearing PWDVA Case No.178/2023 against the Respondent/husband are pending in the Court at Amravati, 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 he has no inclination to oppose the Application. The contention of the Applicant has gone unchallenged. The distance between Nagpur and Amravati is about 150 kilometers. This Court finds substance in the contention of learned Counsel that if the Applicant is called upon to attend the proceedings at Nagpur, 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 Amravati, and as such no prejudice will cause to the husband, if 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. A-680/2023 and the proceedings under the Domestic Violence Act bearing No. 178/2023 are kept for hearing on the same date. 7.

Misc. Civil Application stands disposed of in above terms. (R. M. JOSHI, J.) vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 18/06/2025 19:39:12