Dr Sau Jaylaxmi W/O Vikramditya Yelsatwar v. Vikramaditya S/O Vijay Yelsatwar

2026:BHC-NAG:1824

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION (TR) NO.

OF APPLICANT :- Dr. Sau. Jaylaxmi w/o Vikramaditya Yelsatwar, Aged about 30 Years, Occu: Nil, R/o Kalpataru Apartment, Besides Dr. Donadkar Hospital, near Railway Crossing Bramhapuri, Tah.

Bramhapuri, District Chandrapur Pin No. 441206 ..VERSUS..

:- Vikramaditya s/o Vijay Yelsatwar, Aged 34 years, Occu: Private Job, R/o Plot No.1, Rukhmai Building, Vankateshwar Nagar Nanded, District Nanded Mobile No. 8378905625.

NONAPPLICANT ------------------------------------------------------------------------------------------------------------------------ Mr. V.S. Lokhande, counsel for applicant.

Mr. G.R. Kothari, counsel for non-applicant.

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CORAM

: PRAVIN S. PATIL, J.

DATE : 29/01/2026 ORAL JUDGMENT :

1.

Heard. Rule. Rule made returnable forthwith. By consent of learned counsel Mr. V.S. Lokhande for applicant and Mr. G.R. Kothari, learned counsel for non-applicant, the application is taken up for final hearing at the stage of admission.

2.

By this application, the applicant is seeking transfer of proceedings filed by the husband from Family Court, Nanded to Civil Judge, Senior Division, Chandrapur.

3.

Learned counsel for the applicant stated that it will be inconvenient for her to travel from Chandrapur to Nanded, as the distance between the two stations is almost more than 400 Kms. According to her, she is residing at Chandrapur, it will be convenient if the proceedings are transferred to Chandrapur. 4.

Per contra, learned counsel for the non-applicant has strongly opposed the application and stated that there is no sufficient reason putforth by the applicant for transfer of the proceedings. He contended that distance cannot be a reason to transfer the proceedings from one place to another.

5.

In the background of the submissions of both the parties, it is revealed during the course of arguments that the applicant is intermittently residing with her brother at Nagpur. The non-applicant also stated that from Nanded to Chandrapur, it is difficult for him to attend proceedings, as there is no public transportation is available on regular basis for this route. However, he fairly conceded that if the proceedings are transferred at Nagpur, he has no objection in the matter.

6.

In the present matter, considering the convenience of both the parties, in my opinion, the justice would be subserved if the proceedings from Nanded is transferred to the Family Court, Nagpur. It will be further pertinent to note that, as per the law laid down by the Hon'ble Supreme Court of India in cases of transfer of

proceedings at some occasions, the convenience of the wife is required to be looked into. In my opinion, if both the parties are agreeable to attend the proceedings at one station i.e. at Nagpur, there is no impediment to transfer the proceeding, as it will be convenient for both of them to attend the proceedings at Nagpur. Hence, I proceed to pass the following order.

ORDER

a] The Misc. Civil Application is partly allowed. b] The Divorce Petition No. A/208/2024 (Vikramaditya s/o Vijay Yelsatwar Vs Dr. Sau Jaylaxmi w/o Vikramaditya Yelsatwar), pending before the Family Court, Nanded, is hereby transferred to the Family Court, Nagpur.

c] The Family Court, Nanded, is directed to transfer the record and proceedings of Divorce Petition No. A/208/2024 to the Family Court, Nagpur.

d] Both the parties are directed to appear before the Family Court, Nagpur, on 23/02/2026.

No order as to costs.

(PRAVIN S. PATIL, J)