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Bombay High CourtMCA/57/2026allowed

Sau. Pranali W/O Sandip Kohade v. Sandip Pundlikrao Kohade

2026-03-24Hon'Ble Shri Justice Rohit Wasudeo Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION TR.

NO.57 OF 2026 Sau. Pranali S. Kohade Vs. Sandip P. Kohade Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. C. F. Bhagwani, Advocate for applicant.

Mr. Mohd. Ghulam Abbas Qubbawala and Mr. Gurudeo Sharma, Advocates for non-applicant.

CORAM : ROHIT W. JOSHI, J.

DATE : 24.03.2026.

.

The applicant/wife has filed the present application under Section 24 of the Code of Civil Procedure, 1908 (for short, "the CPC"), seeking transfer of Hindu Marriage Petition (HMP) No.140 of 2021 from the file of learned Civil Judge, Senior Division, Yavatmal to the file of learned Family Court, Nagpur.

2.

The applicant/wife is staying at Nagpur. A proceeding under Section 125 of the Cr.P.C, bearing Petition No.E-25 of 2026 is pending at Family Court at Nagpur.

3.

Likewise, the applicant/wife has also filed a proceeding under the Protection of Women from Domestic Violence Act, 2005, bearing Misc. Cri. Application No.16 of 2022 before the Court of Judicial Magistrate, First Class, Saoner.

4.

Learned advocate for the non-applicant/husband states that the respondent has no objection for transfer of the said petition from Yavatmal to Nagpur. He, however, states that the respondent is a businessman and it will be difficult for him to prosecute proceedings at two different places viz., Nagpur and Saoner. He, therefore, makes a request that the domestic violence proceeding be ordered to be transferred from Saoner to Nagpur. The request is reasonable.

5.

In fairness, the learned advocate for applicant/wife also does not have any objection for adopting such a course.

6.

In view of the aforesaid, application is allowed. HMP No.140 of 2021 is ordered to be transferred from the file of learned Civil Judge, Senior Division, Yavatmal to the file of learned Family Court at Nagpur before whom Petition No.E-25 of 2026 is pending.

6.

Misc. Cri. Application No.16 of 2022 is ordered to be transferred from the file of Judicial Magistrate, First Class, Saoner to the file of learned Family Court, Nagpur in view of Section 7 of the Family Courts, Act. 7.

If possible, the learned Court may consider taking up all the three cases on the same date.

8.

In the event the respondent/husband makes an application for appearance through video-conferencing,

the same may be considered favorably and permission to appear through video-conferencing may be granted on such dates and at such stages as is deemed appropriate by the learned Family Court.

(ROHIT W. JOSHI, J.) T ...

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