Shivneri Pruthviraj Desai v. Pruthviraj Vasantrao Desai
2025:BHC-NAG:6928 53- MCA No. 18-2025 .odt 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
MISC. CIVIL APPLICATION (TR) NO. 18 OF 2025 Shivneri Pruthviraj Desai Vs. Pruthviraj Vasantrao Desai ---------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
------ -------------------------------------------------------------------------------------------------------- Mr. P. S. Thakur, Advocate for the applicant. Mr. V. S. Undre, Advocate for the Non-applicant. CORAM : MRS. VRUSHALI V. JOSHI, J.
DATE : 15/07/2025.
The applicant has filed this application to transfer the divorce petition bearing Marriage Petition No. 206/2024 filed by the non-applicant which is pending before the Civil Judge, Senior Division, Jaisingpur, Shirol, Kolhapur to the Family Court, Amravati.
2.
The learned counsel appearing for the applicant stated that, the applicant is staying at Amravati and the petition is filed before the Civil Judge, Senior Division, Jaisingpur, Shirol, Kolhapur i.e. more than 760 K.M. away from Amravati. As there is nobody to escort her, so also it requires two days to reach at Jaisingpur, Shirol, Kolhapur, it is not possible for her to attend the matter before the Civil Judge, Senior Division, Jaisingpur, Shirol, Kolhapur. Hence, prayed to transfer the matter from Civil Judge, Senior Division, Jaisingpur, Shirol, Kolhapur to Family Court, Amravati.
3.
The learned counsel appearing for the non-applicant opposed the application stating that, the Tanmay
53- MCA No. 18-2025 .odt 2/2 non-applicant is ready to pay the expenses. Earlier the mutual consent petition was about to file, but the applicant has withdrawn her consent. The non-applicant has placed reliance on the judgment of the Hon'ble Apex Court in the case of N.C.V. Aishwarya vs A.S.Saravana Karthik Sha reported in AIR 2022 SC 4318, where the application to transfer the matter was rejected and the travel expenses were granted alongwith one escort. 4.
The non-applicant has also suggested to transfer the matter to Pune, Court which will be convenient for both of them.
5.
Heard both the learned counsel.
6.
As the applicant is staying in Amravati and divorce petition is filed at Jaisingpur, Shirol, Kolhapur, which is far away from Amravati, it will cause inconvenience and it will take time for her to travel from Amravati to Jaisingpur, Shirol, Kolhapur.
7.
Considering the inconvenience caused to the single lady, the petition bearing Marriage Petition No. 206/2024 pending before the Civil Judge, Senior Division, Jaisingpur, Shirol, Kolhapur is hereby transferred to the Family Court, Amravati.
8.
The Misc. Civil Application is allowed. No costs.
(MRS. VRUSHALI V. JOSHI, J.) Tanmay