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Bombay High CourtMCA/251/2025disposed off

Mr. Pankaj Kishor Deshpande v. Mrs. Shraddha Pankaj Deshpande

2025-09-18Hon'Ble Shri Justice Rajesh S. Patil4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date:

2025.09.24 17:54:19 +0530 KANCHAN VINOD MAYEKAR CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 251 OF 2025 Pankaj Kishor Deshpande ..... Applicant

VERSUS

Shraddha Pankaj Deshpande ..... Respondent Ms. Rupa Singh i/b. Mr.Rajesh More for the Applicant. Ms. Bhagyashree R. Mangale for the Respondent. CORAM : RAJESH S. PATIL, J.

DATE : 18 SEPTEMBER, 2025 P.C. :- 1) This is an transfer application filed by the husband of Respondent seeking transfer of the proceedings from Nagpur to Pune. 2) It is the case of the applicant husband that though the title of the proceedings show that the respondent's (wife) address as Nagpur, she infact is working in Pune in a IT company. From the wedlock, there is a daughter born who is studying in 5th standard at New Public School at Pune. In paragraph no. 5, ground no.(vi), it is specifically stated that the respondent wife is working as a Manager, Finance in Dassault Systems Office situated at Pune since 2016. It is clarified that the respondent's residential and office address is at Pune.

2/4 However, the applicant (husband) does not know the correct address of the respondent, therefore in the cause title, the address of the respondent is shown of Nagpur which is her parental house. 3) It is further stated that, if the proceedings are transferred to Pune, it will not only be convenient to the applicant but it will also be convenient to the respondent-wife. It is submitted that in order to harass the present applicant, the proceedings are filed at Nagpur. 4) Learned advocate appearing for the respondent-wife has opposed the transfer application. He submits that the respondent has future plans to move to Nagpur. She further submits that therefore, the present proceedings should not be transferred to Pune from Nagpur.

4.1) It is submitted by the learned advocate for the respondent that Petitioner has been continuously harassing the Respondent and their minor daughter Nidhi by calling her late at night, sending indecent and meaningless messages at odd hours (2:00-2:30 a.m.), and even using abusive language for the Respondent and her family members. On 28th June 2025, the Petitioner while in influence of alcohol called Nidhi and used filthy language in presence of his mother. Such behavior has caused immense mental torture to the

3/4 Respondent and her daughter.

4.2) It is further submitted that both parties are working in the same company in Pune, and if the matter is transferred to Pune, the Respondent will be subjected to pressure, embarrassment, and further harassment at the hands of Petitioner. The atmosphere at Pune is unsafe and unconducive for the Respondent to effectively pursue her case.

4.3) The Respondent states that though the minor daughter "Nidhi" is presently studying in Pune, the pendency or conduct of the divorce case has no connection with her schooling. The Respondent ensures that Nidhi is kept away from matrimonial disputes and continues her education without disturbance.

5) Having heard learned advocates for both the sides and considering the fact that there is no dispute that the respondent (wife) as of today is working in Pune and is residing at Pune with her daughter who is studying in 5th standard in a school at Pune, in my view the present proceedings i.e. petition A No. 372 of 2025 pending at Family Court at Nagpur needs to be transferred to the Family Court at Pune.

6) Hence, the present Miscellaneous Civil Application is

4/4 allowed in terms of prayer clause (a).

7) It is made clear that in case, the respondent wife shifts to Nagpur permanently alongwith her daughter, at that time she can seek such remedy as available in law.

[RAJESH S. PATIL, J.]