Sau. Kavita W/O Arun Sutar @ Smt. Kavita ... vs Shri. Arun Dhondiram Sutar
2026 Latest Caselaw 180 Bom

Bombay High Court

Sau. Kavita W/O Arun Sutar @ Smt. Kavita ... vs Shri. Arun Dhondiram Sutar on 8 January, 2026

2026:BHC-NAG:270


                                                        1                   MCA 839.25

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH : NAGPUR

                        MISC. CIVIL APPLICATION [TR] NO.839 OF 2025


                        Sau. Kavita w/o Arun Sutar @
                        Smt. Kavita Shrihari Manusmare
                        Aged about 49 years,
                        Occupation-Housewife,
                        R/o. C/o. Nitin Shrihari Manusmare,
                        Azad Ward, Warora, Tq. Warora,
                        District-Chandrapur.                       ..   Applicant

                                     ..Versus..

                        Shri Arun Dhondiram Sutar,
                        Aged about 54 years,
                        Occupation-Service,
                        R/o. House No.1702/102,
                        Vrindavan Apartment, Banda,
                        Tq. Sawantwadi, District-Sindhdurg.        .. Non-Applicant


                                          .........
                        Shri S.N. Singh, Advocate for Applicant.
                        None for Non-Applicant though served.
                                          .........


                                                  CORAM : PRAVIN S. PATIL, J.
                                                  DATED : 08.01.2026.


                   JUDGMENT

1. By this application, the applicant is seeking the transfer

of the proceeding bearing Special Marriage Application 2 MCA 839.25

No.3/2025 from the file of District Judge-1 and Additional

Sessions Judge, Sindhudurg-Orosh to the District Judge-1,

Warora, District-Chandrapur.

2. In response to this application, this court by order

dated 25.11.2025, issued notice to the non-applicant. The

applicant was directed to serve the non-applicant by all

permissible private mode of service in addition to the regular

mode of service. Accordingly, the affidavit is filed on record by

the applicant stating that the applicant has served the non-

applicant by registered post. The office note further shows that

by regular mode also the non-applicant is served, but no one is

appeared on behalf of the non-applicant in the matter.

3. In the present case, the transfer of the proceeding is

sought mainly on the ground that the distance between the

residence of applicant to Sindhudurg is near about 600 km. The

applicant is having a daughter of 12 years old and there is no

one to look after her family at her place at Warora. It is further

pointed out that she is not having independent source of

earning and, therefore, it will be difficult for her to attend the 3 MCA 839.25

proceeding from Warora to Sindhudurg which is at a distance of

600 km.

4. The applicant further pointed out that there is no

regular transport available from Warora to Sindhudurg. It is

also pointed out that, for attending the proceeding, she will

have to start journey day before the date along with her 12

years old daughter. There will be problem for her stay at

Sindhudurg. As such, it will be great inconvenience to her. For

all these reasons, the applicant is seeking the transfer from

Sindhudurg to Warora. All the averments made in the

application are not controverted in the matter. All the

averments are made on the affidavit.

5. Therefore, in my view, considering this peculiar fact

and circumstances of the matter, the applicant has made out a

case for transfer of the proceeding from Sindhudurg-Orosh to

Warora. Hence, I proceed to pass the following order :

ORDER

(1) The application is allowed.

(2) The proceeding bearing Special Marriage Application No.3/2025 is hereby transferred from District 4 MCA 839.25

Judge-1 and Additional Sessions Judge, Sindhudurg-Orosh to District Judge-1, Warora, District-Chandrapur.

(3) The District Judge-1, Sindhudurg-Orosh is directed to transfer the record and proceedings of Special Marriage Application No.3/2025 to the District Judge-1, Warora, District-Chandrapur.

(4) No costs.

(Pravin S. Patil, J.) Gulande

Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 09/01/2026 16:39:54