Sonali W/O Tushar Kasabe v. Tushar S/O Ashok Kasabe

2026:BHC-NAG:3382 1/3 48-MCA-592-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION (Tr) NO. 592 OF 2024 .

Sau. Sonali W/o Tushar Kasabe Age - 30 yrs, Occ - Doctor R/o.C/o Mayatai Meshram Flat no. 301, 2nd floor, Kalyan Apartment, near Mahanubhav Ashram, Govind Nagar Amravati, Tq. & Dist. Amravati ... APPLICANT V E R S U S .

Tushar S/o Ashok Kasabe Aged about: 51 yrs, Occ. Medical Practioner R/o Vihang Vally, Phase-I, A-4/302, Ghodbandar Road, Kasarwadavi, Thane (West) Dist. Thane, 400610 ... NON-APPLICANT Mr. Vinay V. Sharma, Advocate for the Appellant. Mr. Chaitanya Kulkarni, Advocate for the Non-applicant. CORAM : PRAVIN S. PATIL, J.

DATE : FEBRUARY 25, 2026.

ORAL JUDGMENT :

1.

Heard. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel for both sides. 2.

By this application, the applicant is seeking the transfer of the proceedings Hindu Marriage Petition No. A-269/2022 pending on the file of Family Court, Thane to the Family Court, Amravati.

2/3 48-MCA-592-2024.odt 3.

The applicant approached before this Court to seek transfer on the ground that she is residing at Amravati and having child of four years old. Therefore, it is inconvenient for her to attend the proceedings at Thane. So also she does not have an independent source of income, and there is no family member available to accompany her to attend the proceedings at Thane. Hence, on all these grounds, she seeks transfer of the proceedings filed by the non-applicant at Thane.

4.

In response to the notices issued by this Court, non-applicant appeared in the matter. He fairly stated that he has no objection for transfer of the proceedings from Family Court, Thane to Family Court, Amravati; however, it is his request that the matter, if transferred to the Family Court, Amravati, same should be decided as expeditiously as possible because he will have to attend the proceedings from Thane to Amravati. He has also pointed that before the Family Court, Thane, this matter was already proceeded ex parte against the present applicant, but the same was now restored. Considering the fact that the matter is pending since 2022, appropriate direction be issued to the Family Court, Amravati.

5.

In light of the submission of both the parties and the inconvenience pointed out by the present applicant, it will be appropriate to pass the following order in the matter, which will subserve the ends of justice:

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ORDER

(i) Application is allowed.

(ii) The Hindu Marriage Petition No. A-269/2022 pending before Family Court, Thane is hereby transferred to the Family Court, Amravati.

(iii) The Family Court, Thane is directed to transfer the proceedings of Hindu Marriage Petition No. A-269/2022 to the Family Court, Amravati. (iv) The non-applicant is permitted to appear through video conferencing before Family Court, Amravati on the dates when his physical appearance will not be necessary in the matter. (v) Family Court, Amravati to take positive effort to expedite the hearing looking to the pendency of matters before the Court. 6.

The Fees of the appointed counsel for the applicant is quantified as per the Rules.

7.

With these directions, the Application stands disposed of. [PRAVIN S. PATIL, J.] MJ Jadhav