Mohan S/O Bhagwat Chavhan v. Sonali Mohan Chavhan

2026:BHC-NAG:743 940MCA194.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION (TRANSFER) NO. 194 OF 2025 APPLICANT:

Mohan s/o Bhagwat Chavhan, Aged about 36 years, Occu: Service, R/o Talni, Tah. Sengaon, District Hingoli At present R/o Police Station Dongri Kalyan, Mumbai.

...V E R S U S...

NON-APPLICANT Sou Sonali Mohan Chavhan, Aged about 34 years, Occu: Household, R/o c/o Nayabrao Ashru Shinde, R/o Wadgaon Tejan, Tah. Lonar, District Buldana.

-------------------------------------------------------------------------------------------- Mr. Hariom V. Dhage, counsel for applicant.

Mr. Rahul Nilkanthrao Ghuge, counsel for non-applicant. --------------------------------------------------------------------------------------------

CORAM

: PRAVIN S. PATIL, J.

DATE : 14 /0 1 /202 ORAL JUDGMENT :

1.

Heard.

2.

By consent of learned counsel appearing for applicant/ wife and learned counsel for non-applicant/husband, the application is taken up for final hearing at the stage of admission. 3.

By this application, the applicant is seeking the transfer of proceedings from the Judicial Magistrate First Class, Lonar, District Buldhana to the Judicial Magistrate First Class, Mehkar, District Buldhana.

4.

It is the contention of the present applicant that nonrkn

940MCA194.2025.odt applicant/wife has already filed two proceedings at Lonar. Out of the said two proceedings, one is arising under the provision of Protection of Women from Domestic Violence Act, and other one is under Section 125 of the Code of Criminal Procedure for grant of maintenance. However, the third proceeding i.e. Restitution of Conjugal Rights, has been filed at Mehkar. Hence, it is the submission of the applicant that, if the two proceedings are filed at Lonar, it will be proper to transfer the third proceedings also at Lonar.

5.

Learned counsel for respondent/wife has strongly opposed the application. According to him, the proceedings under the Domestic Violence Act fall within the jurisdiction of Lonar Court and therefore, the same cannot be transferred to Mehkar. 6.

In the circumstances, considering the fact that the distance between the Lonar to Mehkar is only 23 Km, and the present application is filed by the husband, I am of the opinion that no inconvenience would be caused to the applicant if he attends the proceedings at Lonar.

7.

In view of the above, I find no merits in the application. Hence, the criminal application is disposed of. (PRAVIN S. PATIL, J.) rkn