Sau. Chaya W/O Manohar Bokde v. Mr. Manohar S/O Jholbaji Bokde
2026:BHC-NAG:738
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION (TR) NO. 608 OF 2025 APPLICANT :
Sau Chhaya w/o Manohar Bokde, Aged about 60, Occu: Housewife, R/o Samarthnagar, Lakhani, Tah. Lakhni and District Bhandara.
...V E R S U S...
NON-APPLICANT Mr. Manohar s/o Jholbaji Bokde, Aged about 65, Occu: Retired, R/o C/o house of Suresh Dhole, Poddar Bagicha, near Railway Station Wardha, Tah. & Dist. Wardha.
-------------------------------------------------------------------------------------------- Mr. Rohan Prashant Kothari, counsel for applicant. None present for the non-applicant.
-------------------------------------------------------------------------------------------- CORAM : PRAVIN S. PATIL, J.
DATE : 13 /0 1 /202 ORAL JUDGMENT :
1.
Heard. Rule. Rule made returnable forthwith. By consent of learned counsel appearing for the applicant, the application is taken up for final hearing at the stage of admission. 2.
This Court, on 18/09/2025, issued notice to the nonapplicant. The said notice is duly served on the non-applicant. On last date, no one appeared on behalf of non-applicant. However, to grant him one opportunity, the matter was adjourned. But again, today, none appeared for the non-applicant. Hence, it is clear that
non-applicant is not interested in contesting the present application.
3.
By this application, the applicant is seeking transfer of proceedings bearing Hindu Marriage Petition No. 529/2024 from the Court of the Civil Judge, Senior Division, Wardha to the Court of the Civil Judge, Senior Division, Bhandara. 4.
The applicant has made averments in the application supported by an affidavit. The said averments are not controverted in the matter. After going through the averments, it is clear that applicant has specifically stated that she being the Senior Citizen and was diagnosed with a kidney stone in her right kidney long back in the year 2009, the said problem is now aggravated, and therefore, it is difficult for her to travel from Lakhani to Wardha. 5.
It is further stated that the applicant has to look after her daughter and she is not having any independent source of earning. The non-applicant is in huge arrears of maintenance. As such, considering these all aspects of the matter, it will be expedient to transfer of the proceedings from Wardha to Bhandara.
6.
In the present matter, considering this peculiar circumstances of the case, it is clear that it will be inconvenient for the applicant to travel from Wardha to Bhandara. Hence, considering the reasons stated in the application, which are not controverted, the interference of this Court is necessary in the matter. Hence, I proceed to pass the following order.
ORDER
a] Misc. Civil Application (TR) is allowed.
b] The Hindu Marriage Petition No. 529/2024 pending before the Civil Judge, Senior Division, Wardha is hereby transferred to the Court of Civil Judge, Senior Division, Bhandara.
c] The Civil Judge, Senior Division, Wardha is directed to transfer the record and proceedings of of Hindu Marriage Petition No.529/2024 to the Civil Judge, Senior Division, Bhandara.
d] The learned Civil Judge, Senior Division, Bhandara is requested to consider this matter and decide the same expeditiously, looking to the age of the applicant and non-applicant.
7.
Rule is made absolute in the above terms. No order as to costs.
(PRAVIN S. PATIL, J.)