Sau. Kavita W/O Arun Sutar @ Smt. Kavita Shrihari Manusmare v. Shri. Arun Dhondiram Sutar

2026:BHC-NAG:270 1 MCA 839.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION [TR] NO.839 OF 2025 Sau. Kavita w/o Arun Sutar @ Smt. Kavita Shrihari Manusmare Aged about 49 years, Occupation-Housewife, R/o. C/o. Nitin Shrihari Manusmare, Azad Ward, Warora, Tq. Warora, District-Chandrapur.

..

Applicant ..Versus..

Shri Arun Dhondiram Sutar, Aged about 54 years, Occupation-Service, R/o. House No.1702/102, Vrindavan Apartment, Banda, Tq. Sawantwadi, District-Sindhdurg.

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

Shri S.N. Singh, Advocate for Applicant.

None for Non-Applicant though served.

.........

CORAM : PRAVIN S. PATIL, J.

DATED : 08.01.2026.

JUDGMENT

1.

By this application, the applicant is seeking the transfer of the proceeding bearing Special Marriage Application

2 MCA 839.25 No.3/2025 from the file of District Judge-1 and Additional Sessions Judge, Sindhudurg-Orosh to the District Judge-1, Warora, District-Chandrapur.

2.

In response to this application, this court by order dated 25.11.2025, issued notice to the non-applicant. The applicant was directed to serve the non-applicant by all permissible private mode of service in addition to the regular mode of service. Accordingly, the affidavit is filed on record by the applicant stating that the applicant has served the nonapplicant by registered post. The office note further shows that by regular mode also the non-applicant is served, but no one is appeared on behalf of the non-applicant in the matter. 3.

In the present case, the transfer of the proceeding is sought mainly on the ground that the distance between the residence of applicant to Sindhudurg is near about 600 km. The applicant is having a daughter of 12 years old and there is no one to look after her family at her place at Warora. It is further pointed out that she is not having independent source of earning and, therefore, it will be difficult for her to attend the

3 MCA 839.25 proceeding from Warora to Sindhudurg which is at a distance of 600 km.

4.

The applicant further pointed out that there is no regular transport available from Warora to Sindhudurg. It is also pointed out that, for attending the proceeding, she will have to start journey day before the date along with her 12 years old daughter. There will be problem for her stay at Sindhudurg. As such, it will be great inconvenience to her. For all these reasons, the applicant is seeking the transfer from Sindhudurg to Warora. All the averments made in the application are not controverted in the matter. All the averments are made on the affidavit.

5.

Therefore, in my view, considering this peculiar fact and circumstances of the matter, the applicant has made out a case for transfer of the proceeding from Sindhudurg-Orosh to Warora. Hence, I proceed to pass the following order :

O R D E R

(1) The application is allowed.

(2) The proceeding bearing Special Marriage Application No.3/2025 is hereby transferred from District

4 MCA 839.25 Judge-1 and Additional Sessions Judge, Sindhudurg-Orosh to District Judge-1, Warora, District-Chandrapur. (3) The District Judge-1, Sindhudurg-Orosh is directed to transfer the record and proceedings of Special Marriage Application No.3/2025 to the District Judge-1, Warora, District-Chandrapur.

(4) No costs.

(Pravin S. Patil, J.) Gulande Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 09/01/2026 16:39:54