Bombay High Court
Priya W/O Kishor Khadge vs Kishor S/O Mahadeo Khadge on 27 October, 2021
Bench: V.M. Deshpande
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
MISCELLANEOUS CIVIL APPLICATION NO. 443 OF 2021
Priya w/o Kishor Khadge,
Aged about 31 years, Occu. : Nil,
R/o C/o. Vasantrao Vishwanath Rambhad,
.. APPLICANT
M.I.D.C. Road, Samra Nagar No.2,
Rukhmini Nagar, Amravati,
Maharashtra - 444606
Versus
Kishor s/o Mahadeo Khadge
Aged about 37 years, Occu. : Service, .. NON-APPLICANT
R/o 26, Sant Gajanan Nagar, Chikhale
Layout, Pipla Road, Nagpur - 440034
Mrs. S.W. Deshpande, Advocate for applicant
CORAM: V.M. DESHPANDE, J.
DATE : 27/10/2021
ORAL JUDGMENT :
Rule. Rule is made returnable forthwith.
2. Heard Mrs. S.W. Deshpande, learned counsel for the
applicant.
3. Inspite of the service, the non-applicant chose not to
remain present before the Court in this application.
63-MCA-443-2021-J.odt
4. This application is filed under Section 24 of the
Code of Civil Procedure with a prayer to transfer Hindu
Marriage Petition i.e. Petition No. A-928/2020 from the file of
Family Court, Nagpur to the Family Court, Amravati. The
application is filed on affidavit by the applicant. The contents of
the application have remained uncontroverted. As per the
applicant, the marriage between the applicant and non-
applicant took place on 09/03/2019. The non-applicant, who
was working as Driver in the Maharashtra State Road Transport
Corporation, whereas the applicant is housewife. It is stated on
oath that after attending the Rakhi festival at Amravati when
the applicant went to her matrimonial house, she was not
allowed to take entry in her house and she was driven away
requiring her to file complaint with Mahila Cell, Police Station
Rajapeth, Amravati. Though he was called in the said Cell, the
non-applicant did not attend the proceedings. It is stated on
oath that thereafter the applicant has received a notice of
divorce petition filed by the non-applicant for the dissolution of
marriage from the Family Court, Nagpur.
5. Since the contents of the application has remained
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63-MCA-443-2021-J.odt
uncontroverted and looking to the fact that the non-applicant
himself is working as a Driver in the Maharashtra State Road
Transport Corporation, no prejudice will be caused to him if the
petition is transferred from the Family Court, Nagpur to Family
Court, Amravati. Resultantly, I pass the following order :
i) The application is allowed.
ii) Petition No. A-928/2020 pending on the file of
Family Court No.2, Nagpur shall stand transferred to the
Family Court, Amravati.
iii) The learned Judge of the Family Court at
Amravati is directed to issue notice to the non-applicant
(original petitioner) and decide the proceedings in
accordance with law.
Rule is made absolute in above terms.
No costs.
JUDGE
MP Deshpande
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