Sonali Abhishek Chourasia v. Abhishek Shivkumar Chourasia

2026:BHC-NAG:271 1 MCA 243.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION [TR] NO.243 OF 2025 Sonali Abhishek Chourasia, Aged about 29 years, Occupation-Software Engineer, Education-BE, Resident of : 708, Saraswati Bhavan, Ghat Road, Opp, Vijay Talkies, Maharashtra, Nagpur-440018.

Phone : +918308272444.

E-mail : sonalichourasia@gmail.com...

Applicant ..Versus..

Abhishek s/o Shivkumar Chourasia, Aged about 30 years, Occupation-Business, Resident of : 141, Madhuban, Cooper Colony, Sadar Bazar, Satara-415001.

Phone:+918308000011 E.mail : abhishekchourasiya126@gmail.com..

.. Non-Applicant ...............

Shri V.S. Oberoi, Advocate for Applicant.

Shri A.S. Thotange, Advocate for Non-Applicant. ...............

CORAM : PRAVIN S. PATIL, J.

DATED : 08.01.2026.

2 MCA 243.25

JUDGMENT

1.

By this application, the applicant is seeking the transfer of H.M.P. No.A-131/2024 from the Family Court, Satara to the Family Court, Nagpur.

2.

The submission of the present applicant to get the transfer of the proceeding is that the applicant is permanently residing at Nagpur. She has already filed the proceeding under the Protection of Women from Domestic Violence Act,2005 at Judicial Magistrate, First Class, Nagpur bearing Criminal Misc. Application No.2139/2023.

3.

According to the applicant, the non-applicant is duly served in the said proceeding and he is regularly attending the proceeding at Nagpur. So also it is stated that the distance between Nagpur to Satara is around 800 km and, therefore, it is not convenient for her to travel such a long distance without having company of anyone from the family. In the additional affidavit, it is also stated that there is a threat to her life at Satara and, therefore, for all these reasons, the application filed by the husband at Satara be transfer to Nagpur.

3 MCA 243.25 4.

In response to the notice issued by this court, the nonapplicant-husband appeared in the court. He has strongly opposed the present application. He has specifically pointed out that the applicant did not approach with clean hands before this court. According to him, the applicant is presently working with Tata Consultancy Services (TCS) and, therefore, she is residing at Pune. Hence, the proceeding which she is asking to transfer at Nagpur is nothing but harassment to the present non-applicant and, therefore, he prayed to reject the present application.

5.

In the light of the submission of both the parties, this court has asked the applicant to file the additional affidavit in the court. Accordingly, the applicant has filed the additional affidavit dated 15.11.2025 in the present application. In the affidavit, it is categorically pointed out that from the month of June-2025 to November-2025, for certain period, she has worked from home and for some period she has joined the office at Pune. As such, it is clear that she is not permanently residing at Pune.

4 MCA 243.25 6.

It is further stated by the applicant that one of the proceeding which was filed by the husband under Section 9 of the Hindu Marriage Act for Restitution of Conjugal Rights, due to threat to her life, she could not attended the same at Satara. As such, same was proceeded ex-parte against her. Applicant pointed out that non-applicant is regularly attending the proceeding arising out of Domestic Violence Act at Nagpur. 7.

In the background of above said factual position, in my opinion, the non-applicant, who is already attending one of the proceeding at Nagpur, can also attend the proceedings, if same are transferred from Satara to Nagpur. Therefore, I proceed to pass the following order :

O R D E R

(1) The application is allowed.

(2) The proceeding of H.M.P. No.A-131/2024 pending before Family Court, Satara is hereby transferred to the Family Court, Nagpur.

(3) The Family Court, Satara is directed to transfer the record and proceedings of H.M.P. No.A-131/2024 to the Family Court, Nagpur.

5 MCA 243.25 (4) The Family Court, Nagpur is directed to permit the present non-applicant to appear through video conference. However, the non-applicant will have to secure his physical attendance as and when required during the pendency of the pending application.

(5) No costs.

(Pravin S. Patil, J.) Gulande Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 09/01/2026 16:40:56