Sou. Vaishnavi W/O Anant Sawle v. Anant S/O Arunrao Sawle

2026:BHC-NAG:2663 1 34 MCA 442.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION [TR] NO.442 OF 2025 Sou. Vaishnavi w/o Anant Sawle, Aged 28 years, Occu. Household work, C/o. Yogiraj Namdeorao Shankarpure, R/o. Babre Colony, Karanja, Tq. Karanja, Distt. Washim.

..

Applicant (Ori. Respondent) ..Versus..

Anant s/o Arunrao Sawle, Aged 35 years, Occu. Service, C/o. Shri Ravindra Saoji, Kukade Layout, Behind Railway Police Quarters, Joshi Wadi, Ajani, Nagpur, Distt. Nagpur.

.. Non-Applicant (Ori. Petitioner) ................

Ms. Payal S. Kaware, Advocate for Applicant.

Mr. M.V. Rai, Advocate for Non-Applicant.

...............

CORAM : PRAVIN S. PATIL, J.

DATED : 13.02.2026.

JUDGMENT

1.

By this application, the applicant is seeking the transfer of the proceeding bearing Hindu Marriage Petition No.A/645/2025 filed by the respondent-husband at Family

2 34 MCA 442.25 Court No.3, Nagpur to the Civil Judge, Senior Division, Karanja, District-Washim.

2.

The submission of the present applicant is that the distance between Nagpur to Karanja is near about 225 km. She is having the custody of minor female child who is only 3 years old. Hence, it would not be possible for her to attend the proceeding at Nagpur. Hence, she seeks transfer of the proceeding file by husband from Nagpur to Karanja. 3.

The learned counsel for the non-applicant opposed the present application. He has pointed out the mediation report dated 9.8.2024 filed along with his reply. According to him, the applicant-wife was reluctant for settlement and was not ready for the mediation. Hence, considering her conduct recorded by the learned District Judge, she is not entitled for any relief in the matter.

4.

He further stated that the non-applicant is doing the job as Junior Clerk at District and Sessions Court, Wardha. It is not possible for him to get leave on each date to attend the proceeding at Karanja and, therefore, considering this fact this

3 34 MCA 442.25 court may consider his case sympathetically and the wife be directed to attend the proceeding at Nagpur.

5.

After hearing both the parties at length, it is clear that the applicant is residing at Karanja with a minor girl. The distance between Karanja to Nagpur is 225 km. It will be inconvenient for the applicant to attend the proceeding along with his minor child at Nagpur.

6.

According to non-applicant, he being working as a Clerk in the Court, it will not be possible to attend the proceeding at Karanja. But, in my opinion, even to attend the proceeding at Nagpur, he has to take leave, so same would be at Karanja, if proceedings are transferred to Karanja. Therefore, there is no merit in the submission of non-applicant. Hence, I proceed to pass the following order :

O R D E R

(1) The application is allowed.

(2) The proceeding bearing Hindu Marriage Petition No.A/645/2025 pending before Family Court No.3, Nagpur is hereby transferred to the Civil Judge, Senior Division, Karanja, District-Washim.

(3) The Civil Judge, Senior Division, Karanja is

4 34 MCA 442.25 requested to consider the appearance of the non-applicant through video conference on the date when his physical appearance is not required in the matter.

(4) No order as to costs.

(Pravin S. Patil, J.) Gulande Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 16/02/2026 18:39:53