Bombay High Court
Smt. Snehal Pratik Mitkari vs Pratik S/O Pradip Mitkari on 4 March, 2024
Author: M.W. Chandwani
Bench: M.W. Chandwani
2024:BHC-NAG:2771
Judgment 1 47MCA668.23 J..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
MISC. CIVIL APPLICATION NO. 668 OF 2023
Smt. Snehal Pratik Mitkari
Aged about 31 years,
Occupation-Household,
R/o. Bhamb (Raja), Near
Malkoji Maharaj Mandir,
Tq. & Dist. Yavatmal,
A/P. R/o. C/o. Anilkumar Prabhakar
Chawre, Padmavati Niwas, Plot No.2,
Ayodhya Nagar, Malegao Road,
Nanded. .. Applicant
(Ori. Res. On R.A.)
.. Versus ..
Pratik s/o Pradip Mitkari
Aged about 40 years,
Occupation-Agriculturist,
R/o. Bhamb (Raja),
Near Malkoji Maharaj Mandir,
Tq. & Dist. Yavatmal. .. Non-Applicant
..........
Mr. Mohammad Sharik, Advocate with Ms. Payal Kaware,
Advocate for Applicant,
Mr. M.H. Bobde, Advocate for Non-Applicant.
..........
CORAM : M.W. CHANDWANI, J.
DATE : 04/03/2024.
Judgment 2 47MCA668.23 J..odt
JUDGMENT :
1. Heard. Admit.
2. This is an application under Section 24 of the Civil
Procedure Code for transfer of the Hindu Marriage Petition
(HMP) No. A-122/2021 under Section 9 of the Hindu Marriage
Act, 1955 and Petition D-02/2021 under Section 6 of the Hindu
Minority and Guardianship Act, 1956, filed by the non-applicant
against the applicant from the file of the Family Court at Yavatmal
to the Family Court at Nanded.
3. The applicant along with her child is residing with her
parents at Nanded. The applicant filed an application bearing
Petition No.126/2020 under Section 125 of the Code of Criminal
Procedure for maintenance and the same is still pending and an
application bearing no.139/2020 under Section 12 of the
Protection of Women from Domestic Violence Act, 2005, against
the non-applicant before the Court of the Judicial Magistrate First
Class, Nanded is decided by the court on 5.10.2023. The non-
applicant has filed an application bearing Petition D-02/2021
Judgment 3 47MCA668.23 J..odt
against the applicant, which is pending on the file of Family Court
at Yavatmal and for which transfer is sought.
4. Heard Mr. Mohammad Sharik, learned counsel for the
applicant and Mr. M.H. Bobde, learned counsel for the non-
applicant and also perused the record.
5. It is contended on behalf of the learned counsel for
the applicant that the applicant has no independent source of
income and she is at the mercy of her parents. The applicant is
not in a position to bear to and fro expenses of her travelling for
attending the proceedings of divorce filed by non-applicant
against her at Yavatmal. Hence, she seeks transfer of the said
applications from the file of the Family Court, Yavatmal to the
Family Court Nanded.
6. It appears that the applicant is having a minor
daughter aged 12 years. Travelling to Yavatmal, which is more
than 190 kms. away from Nanded, for attending the said
proceedings will be difficult for the applicant by leaving her minor
daughter at home. To attend the proceedings at Yavatmal, the
applicant, a lady, is required to travel more than 190 kms
Judgment 4 47MCA668.23 J..odt
(to and fro). Even otherwise the non-applicant has to visit
Nanded to defend the pending proceedings filed by the applicant.
Hence, no prejudice will be caused, if the proceedings, filed by
the non-applicant against the applicant, are transferred from
Yavatmal to Nanded, which is just 190 kms. as Nanded does not
have a Court of Civil Judge, Senior Division.
7. In these peculiar circumstances and in view of the
ratio laid down by this Court in the case of Sangamitra w/o
Ramakant Royalwar Vs. Ramakant s/o Gangaram Royalwar [2008
(6) ALL.MR.1] and also in view of the recent verdict of the
Hon'ble Supreme Court in the case of N.C.V. Aishwarya vs. A.S.
Saravana Karthik Sha [2022 LiveLaw (SC) 627], wherein it has
been held that the convenience of the wife must be looked, a case
is made out for transferring the said proceedings from Yavatmal
to Nanded. Hence, the following order:-
i) The application is allowed.
ii) The proceedings bearing HMP No. A-122/2021 and
Petition D-02/2021, pending on the file of the Family Court at
Yavatmal are transferred to the Family Court at Nanded.
Judgment 5 47MCA668.23 J..odt
iii) Both the parties are directed to appear before the
concerned Family Court at Nanded on 26.03.2024.
(M.W. Chandwani, J.)
Gulande
Signed by: A.S. GULANDE
Designation: PS To Honourable Judge
Date: 06/03/2024 18:45:23
