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Bombay High CourtMCA/368/2025allowed

Madhuri W/O Virendra Chinchkhede v. Virendra S/O Baliram Chinchkhede

2026-02-13Hon'Ble Shri Justice Pravin S. Patil3 pages

2026:BHC-NAG:2658 1/3 33.Judg.mca.368.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO.

Smt. Madhuri w/o Virendra Chinchkhede Aged about : 47 Years; Occu : Household;

Resident at : C/o Mamta Ramesh Khandekar, Dube Nagar-B, Plot No. 176, House No. 27, Hudkeshwar Road, District Nagpur.

... APPLICANT V E R S U S Virendra s/o Baliram Chinchkhede Aged about : 56 Years, Occu : Service; R/o C/o Shreerag Aakaram Patil, House No.

1991/1, Jadhav Chal, Chitralaya, P. T. A. P. P. Tahsil Palghar, District Palghar.

NEW ADDRESS :

At Post T. A. P. S. (TAPS) Hospital, Boisar, Tahsil Palghar, District Palghar.

... R ESPONDENT Mr. H. A. Khedikar, Advocate for Applicant.

Ms. B. R. Hindustani, Advocate (Appointed) for Respondent. CORAM : PRAVIN S. PATIL, J.

DATE : FEBRUARY 13, 2026.

ORAL JUDGMENT .

Heard Mr H. A. Khedikar, learned Counsel for the Applicant and Ms. B. R. Hindustani, learned (appointed) Counsel for the Respondent.

2/3 33.Judg.mca.368.2025.odt 2.

By this Application, the Applicant is seeking transfer of the proceeding bearing Marriage Petition No. 91/2024 pending on the file of Civil Judge Senior Division, Palghar, District Palghar to the Family Court, Nagpur. 3.

The learned Counsel for Applicant submits that distance between Nagpur to Palghar is near about 700 kms. The Applicant is residing on the mercy of her parents and she has no source of income for her livelihood. As such, it will be difficult for her to travel such a long distance, that too, alone. In addition to above, the learned Counsel further pointed out that she has already filed one of the proceeding for maintenance before the Family Court, Nagpur and in the said proceeding Respondent is regularly appearing at Nagpur. Hence, according to the learned Counsel, no prejudice would be caused to the Respondent, if the proceedings are transferred from Palghar to Nagpur.

4.

The Respondent has strongly opposed for transfer of the proceeding, but fairly admitted the fact that he is attending one of the proceeding filed by the Applicant/wife at Nagpur. 5.

In view of above, in my opinion, considering the difficulties and inconvenience put-forth by the present Applicant in the matter, it will be

3/3 33.Judg.mca.368.2025.odt proper to transfer the proceeding from Palghar to Nagpur. In the result, I proceed to pass following order.

ORDER

1. Misc. Civil Application is allowed.

2. The proceeding bearing Marriage Petition No. 91/2024 pending on the file of Civil Judge Senior Division, Palghar is hereby transferred to the Family Court, Nagpur.

3. The Civil Judge Senior Division, Palghar is directed to forward the Record and Proceeding of the matter to the Family Court, Nagpur.

4. Parties are directed to appear before the Family Court, Nagpur on 30th March, 2026.

5. Ms. B. R. Hindustani, learned (Appointed) Counsel appeared on behalf of the Respondent. Her professional fees be quantified as per Rules. [PRAVIN S. PATIL, J.] vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 16/02/2026 18:15:37