Mrs. Megha Vinit Pandhare v. Mr. Vinit Ramesh Pandhare

2025:BHC-NAG:973

(1) 11.mca.1016.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO.1016 OF 2024 Megha Vinit Pandhare Vs.

Vinit Ramesh Pandhare -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. R. U. Tambe, Counsel for the applicant.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 29/01/2025 1.

By this application, the applicant is seeking transfer of the matrimonial proceeding Special Marriage Petition No.5/2024 pending before the District Judge - 2 and Additional Sessions Judge, Palghar, District Thane to the Family Court, Nagpur. 2.

As per the contention of the applicant that she is legally wedded wife of non-applicant and their marriage was performed on 15.12.2023 as per the Christian rites and rituals. After marriage, there was discord between them and therefore, she constrained to leave the matrimonial house and staying at Nagpur. It is contended by her that the proceeding for the dissolution of marriage is filed by the non-applicant which is pending in the Court of District Judge - 2 and Additional Sessions Judge, Palghar. The distance between Nagpur and Palghar is of 762.2

(2) 11.mca.1016.2024 Kilometers and it takes approximately more than 16 hours to reach Palghar, District Thane from Nagpur by train and therefore, it is the most inconvenient place for her and she is also having responsibility of her parents. There is nobody to look after. Moreover, there is nobody to escort her from Nagpur to Palghar. For all the above reasons, she sought the jurisdiction of this Court for invoking under Section 24 of the Code of Civil Procedure.

3.

Though notice is served on the non-applicant, he remained absent.

4.

Heard learned Counsel for the applicant. Perused the documents on record which shows that the application is filed by the non-applicant for dissolution of marriage which is pending in the Court of District Judge -2 and Additional Sessions Judge, Palghar District Thane. The distance between two places is 762.2 Kilometers i.e. more than 750 Kilometers and approximately 16 hours are required to travel. Therefore, considering the convenience of the applicant - wife, the application deserves to be allowed. Accordingly, I proceed to pass following order.

ORDER

(i) The application is allowed.

(ii) The matrimonial proceeding Special Marriage Petition No.5/2024 is withdrawn from the Court of District Judge - 2 and Additional

(3) 11.mca.1016.2024 Sessions Judge, Palghar, District Thane and transferred to the Family Court, Nagpur.

(iii) The parties shall appear before the Family Court, Nagpur on 11.02.2025.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 31/01/2025 19:19:42