[Cites 1, Cited by 0]
Bombay High Court
Mrs. Shital W/O Gokul Tayade vs Mr. Gokul S/O Akaram Tayade on 5 December, 2025
2025:BHC-NAG:13726
19.mca617.2025jud.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
MISC. CIVIL APPLICATION (TR) NO. 617 OF 2025
Mrs. Shital w/o Gokul Tayade
Aged about 33 years, Occ. At present
Jobless, R/o. C/o. Keshav Dhamedhar,
Vikas Nagar, At Post Patansanwangi,
Tah. Saoner, Dist. Nagpur. ... Applicant
At present R/o C/o Dnyaneshwar Naik,
Tulsipark Apartment, Dhaba Ring Road,
Nagpur
Versus
Mr. Gokul s/ Ataram Tayade
Aged about 34 years, Occ. Service,
R/o Lotus Residency, Flat No.101,
Near Kids Tiptop Convent,
Opposite Bhoslewadi, Shubhlakshmi
Nagar, Hingna, Nagpur and ... Non-applicant
C/o. Prakash Tayade, Railway Station
Road, Near Shivaji Maratha High School,
Hamalpura, Amravati - 444606.
Ms. Harsha M. Mehta, Advocate for applicant.
CORAM : PRAVIN S. PATIL, J.
DATE : 05.12.2025
ORAL JUDGMENT:
Heard Ms. Mehta, learned counsel for applicant.
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19.mca617.2025jud.odt
(2) By way present application, the applicant is seeking the
transfer of Petition No.A-55/2025 filed by the non-applicant before the
Family Court, Amravati, to the Family Court at Nagpur. The submission of
the present applicant is that out of wedlock, they have two children, one is of
seven years another is of three years old. Both children are in the custody of
the applicant. It is stated that she is taking all due care of the small children
and looking after them at Nagpur.
(3) The applicant further submitted that she has already filed
the proceedings for maintenance at Family Court, Nagpur, bearing Petition
No.E-414/2024. In the said applicatin, she has specifically pointed out as to
how she is facing a financial crisis and thereby in need of a regular
maintenance from the present non-applicant. It is stated that non-applicant is
regularly attending the said proceedings at Nagpur. In view of this, it is her
submission that if the proceedings filed by non-applicant are transferred at
Nagpur, it will be more convenient for her to attend the proceedings and no
prejudice will be caused to the non-applicant, as he is already attending one of
the proceedings at the Family Court, Nagpur.
(4) In the present matter, this Court issued notices to the
non-applicant and the notice was duly served on the non-applicant. On his
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19.mca617.2025jud.odt
initial instructions, Advocate D.G. Takwale, also appeared and stated that by
taking instructions from the non-applicant he will file his Vakalatnama in the
matter. However, today, he has stated that he is not in receipt of Vakalatnama
nor any instructions from the non-applicant and therefore, he is unable to
assist to this Court in the matter. As such, since Advocate D.G. Takwake did
not file the Vakalatnama, there is no reason to grant hearing opportunity in
the matter.
(5) In the present case, it is an admitted fact that the
applicant-wife has filed the proceeding for the grant of maintenance on
03.09.2024. The notices of the said proceedings was duly served on the non-
applicant. The record depicts the fact that after receipt of notice of the
maintenance proceedings, he has filed the proceedings under Section 9 of the
Hindu Marriage Act for restitution of conjugal rights before the Family Court,
Amravati. Therefore, there is a substance in the submission of the applicant
that, only to counterblast the submission of the present applicant, the said
proceedings are filed at Amravati.
(6) It is also stated by the applicant that the non-applicant is
regularly attending the proceedings at the Family Court, Nagpur. In the said
proceeding, the hearing is also going on, on the application for interim
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maintenance by considering the peculiar facts and circumstances of the case.
(7) In the present matter all the averments of applicant are
remain un-controverted due to absence of non-applicant. The averments made
in present application are on affidavit, hence, there is no reason to disbelieve
the same.
(8) Applicant is required to take care of two minor children.
Non-applicant is already attending one of the proceeding at Family Court,
Nagpur without any demur. So, on transfer of proceeding from Family Court,
Amravati to Family Court, Nagpur, no prejudice will cause to non-applicant.
So also both the proceeding arising out of matrimonial dispute, hence, it will
be better to try both the case by one Court. In my opinion, interference of this
Court is necessary. Hence, I proceed to pass following order :
ORDER
(i) The application is allowed.
(ii) The proceedings filed by the non-applicant bearing Petition A-55/2025
pending before the Family Court, Amravati, are hereby transferred to the
Family Court, Nagpur.
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(iii) The Family Court, Amravati is directed to transfer the record and
proceedings of Petition No.A-55/2025 to the Family Court, Nagpur.
(iv) The Family Court, Nagpur, is requested to decide the proceedings of
maintenance and application for restitution of conjugal rights together by
fixing the same dates in both matters so that it will be convenient for the non-
applicant to attend the proceedings at Nagpur. No order as to costs.
[Pravin S. Patil, J.]
Prity
Signed by: Mrs. Prity Gabhane PAGE 5 OF 5
Designation: PA To Honourable Judge
Date: 08/12/2025 18:04:16
