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Bombay High CourtMCA/221/2025disposed off

Prachi Wo Prathmesh Bhurke v. Prathmesh So Baban Bhurke

2026-02-02Hon'Ble Shri Justice Y. G. Khobragade2 pages

11mca221.25

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 11 MISC.CIVIL APPLICATION NO. 221 OF 2025 PRACHI WO PRATHMESH BHURKE

VERSUS

PRATHMESH SO BABAN BHURKE ...

Advocate for Applicant : Mr. Namdev D. Kendre ...

CORAM : Y.G. KHOBRAGADE, J.

DATE : 02.02.2026 PER COURT :

1.

As per the order dated 19.01.2026, passed by this Court, the notice was sent to the non-applicant by R.P.A.D. Today, the learned counsel appearing for the applicant placed on record a track report of the postal department, which shows that, on 27.01.2026, the item is delivered through the Bhayander, West S.O. However, none appeared on behalf of the non applicant.

2.

Heard the learned Counsel appearing for the applicant at length.

3.

By the present application, the applicant-wife prays for transfer of the matrimonial proceeding bearing Hindu Marriage Petition No. 6 of 2025, from the file of learned Civil Judge Senior Division, Mangaon, District Raigad, to the file of learned Family Court, Latur. On the face of the record it appears that, the marriage between the applicant and the non applicant was solemnized on 17.03.2023. However, there is

11mca221.25 no issue out of the said matrimonial relations. Due to discord of matrimonial relations, the applicant was compelled to stay at her parental house at Latur and the non applicant has instituted Hindu Marriage Petition No. 6 of 2025 under Section 13 (1) (ia) of the Hindu Marriage Act, before the learned Civil Judge Senior Division, Mangaon, District Raigad, seeking a decree of divorce. It is further contended that, due to financial crisis, and as such, there is no direct transportation facilities from the Latur to Mangaon, therefore, she is facing inconvenience to attend the said proceeding. Therefore, considering the scope of Section 24 of the Act and the convenience of the applicant-wife, it would be just and proper, to transfer the Hindu Marriage Petition No. 6 of 2025, from the file of the learned Civil Judge Senior Division, Mangaon, District Raigad to the file of learned Family Court, Latur. 4.

In view of the above, the present application is allowed. 5.

Therefore, the Hindu Marriage Petition No. 6 of 2025, is hereby withdrawn from the file of learned Civil Judge Senior Division, Mangaon, District Raigad and it is transferred to the file of learned Family Court, Latur for proper adjudication.

6.

This order be communicated to both the courts. ( Y.G. KHOBRAGADE, J.) mahajansb/