[Cites 3, Cited by 0]
Bombay High Court
Sau. Priya W/O Suraj Chaudhari (Name ... vs Suraj S/O Ashok Chaudhari on 9 December, 2025
2025:BHC-NAG:13887
1 MCA 500.25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION [TR] NO.500 OF 2025
Sau. Priya w/o Suraj Chaudhari
(Name before marriage -
Priya d/o Omprakash Kanojiya)
A/a 24 years, Occ. Household work,
R/o. House of Shri Anant Masne
Near Ice Factory, Jatharpeth,
Chhoti Umari, Akola, Tq. & Distt.Akola.. Applicant
..Versus..
Suraj s/o Ashok Chaudhari,
A/a 32 years, Occ. Business,
R/o. House No.83/84, Rasne Chawl,
Juna Toph-Khana, Shivaji Nagar,
Tq. Haveli, Distt. Pune-411005. .. Non-Applicant
................
Shri C.A. Joshi, Advocate for Applicant,
None for Non-Applicant though served.
...............
CORAM : PRAVIN S. PATIL, J.
DATED : 09.12.2025.
JUDGMENT
1. The perusal of the record shows that the notices issued
by this court to the non-applicant are served long back.
However, the non-applicant did not respond to the same and,
2 MCA 500.25
therefore, this court on various occasion adjourned the matter
with a hope that the non-applicant will appear and contest the
present application. However, till date, no one appeared on
behalf of the non-applicant in the matter. Hence, it is clear that
the non-applicant is not interested to prosecute the present
application on merits before this court.
2. The applicant herein is the wife seeks transfer of the
proceeding filed by the non-applicant bearing Petition
No.A/192/2025 filed before the Family Court No.6 at Pune to
the Family Court, Akola.
3. The submission of the present applicant is that the
distance between Akola to Pune is near about 500 km and she
has already filed the proceeding under the Protection of Women
from Domestic Violence Act in the month of February-2025.
So also she has lodged the police complaint against the family
members of the non-applicant to the Police Station, Akola.
Hence, according to her, as the proceedings were filed and same
are pending, in any case, the non-applicant will have to attend
the said proceedings at Akola. It is stated by her that
considering the distance between Akola to Pune, she will face
3 MCA 500.25
inconvenience and so also she has to accompanied by some one
on every occasion to travel from Akola to Pune. The same is
difficult for her due to financial crisis which she is facing now a
days due to not having independent source of earning.
4. In normal course, the distance between two stations
cannot be a reason to transfer the proceedings particularly
when now a days the transportation facilities are very much
available from one station to another station and every one can
travel such a distance, but in that case, the non-applicant should
be present and such issue can be considered and dealt with in
the matter. But in view of absence of the non-applicant, it will
be not proper to impose any condition on the non-applicant in
the matter.
5. The averments made by the applicant in the present
matter is on affidavit and same are not controverted.
Furthermore, one of the proceeding filed by the applicant under
the Protection of Women from Domestic Violence Act is pending
at Akola and, in any case, the non-applicant has to attend the
said proceeding. Hence, considering this fact, it will be proper
that both the cases should be tried at one station.
4 MCA 500.25
6. Considering these facts and circumstances of the matter
and in view of the law laid down by the Hon'ble Supreme Court
of India in the case of N.C.V. Aishwarya .vs. A.S. Saravana
Karthik Sha, reported in 2022 SCC OnLine SC 1199, wherein it
is observed in Para 9 and 10 as under :
9. The cardinal principle for exercise of power
under Section 24 of the Code of Civil Procedure
is that the ends of justice should demand the
transfer of the suit, appeal or other proceeding.
In matrimonial matters, wherever Courts are
called upon to consider the plea of transfer, the
Courts have to take into consideration the
economic soundness of both the parties, the
social strata of the spouses and their behavioural
pattern, their standard of life prior to the
marriage and subsequent thereto and the
circumstances of both the parties in eking out
their livelihood and under whose protective
umbrella they are seeking their sustenance to
life. Given the prevailing socio-economic
paradigm in the Indian society, generally, it is the
wife's convenience which must be looked at
while considering transfer.
10. Further, when two or more proceedings are
pending in different Courts between the same
parties which raise common question of fact and
law, and when the decisions in the cases are
interdependent, it is desirable that they should be
tried together by the same Judge so as to avoid
multiplicity in trial of the same issues and conflict
of decisions.
I am of the opinion that interference of this court is necessary
in the matter. Hence, I proceed to pass the following order :
5 MCA 500.25
ORDER
(1) The application is allowed.
(2) The proceeding bearing Petition No.A/192/2025
pending on the file of Family Court No.6, Pune is hereby
transferred to the Family Court, Akola.
(3) The Judge, Family Court No.6, Pune is directed
to transfer the record and proceedings of Petition
No.A/192/2025 to the Family Court, Akola.
(4) There shall be no order as to costs.
(Pravin S. Patil, J.)
Gulande
Signed by: A.S. GULANDE
Designation: PS To Honourable Judge
Date: 09/12/2025 20:06:32
