Mohan S/O Sukhdev Barapatre v. Bambleshwari W/O Mohan Barapatre

2025:BHC-NAG:1017

(1) 62.mca.643.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION (TR.) NO.643 OF 2024 Mohan s/o Sukhdev Barapatre Vs.

Bambleshwari w/o Mohan Barapatre -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Sanket Jawalkar, Counsel h/f Mr. S. I. Ghatte, Counsel for the applicant.

Mr. Rizwan Khan Counsel h/f Mr. Imran Deshmukh, Counsel for the non-applicant.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 30/01/2025 1.

By this application, the applicant is seeking transfer of the matrimonial proceeding bearing No. E-132/2023 pending before the Family Court, Yavatmal to Family Court, Nagpur.

2.

As per the contention of the applicant, his marriage was solemnized with non-applicant as per the rites and customs prevailing in their society. After marriage, there was discord between them and therefore, they were residing separately. The non-applicant has filed an application under Section 125 of the Code of Criminal Procedure for maintenance which is pending before the Family Court, Yavatmal. The applicant is residing at Nagpur. The distance between Yavatmal to Nagpur is more than 150 Kilometers and it is inconvenient for him to

(2) 62.mca.643.2024 attend the proceeding as he has to look after his parents. Moreover, he has sustained fracture injuries.

3.

The non-applicant has no objection for transferring the matter from Family Court, Yavatmal to Family Court, Nagpur. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass following order:

ORDER

(i) The application is allowed.

(ii) The matrimonial proceeding No.

E-132/2023 pending before the Family Court, Yavatmal is hereby withdrawn and transferred to the Family Court, Nagpur for the disposal. (iii) Both the parties shall remain present before the Family Court, Nagpur on 10.02.2025.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 03/02/2025 11:26:59