[Cites 2, Cited by 0]
Bombay High Court
Sonali Abhishek Chourasia vs Abhishek Shivkumar Chourasia on 8 January, 2026
2026:BHC-NAG:271
1 MCA 243.25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION [TR] NO.243 OF 2025
Sonali Abhishek Chourasia,
Aged about 29 years,
Occupation-Software Engineer,
Education-BE, Resident of : 708,
Saraswati Bhavan, Ghat Road,
Opp, Vijay Talkies, Maharashtra,
Nagpur-440018.
Phone : +918308272444.
E-mail : [email protected]... Applicant
..Versus..
Abhishek s/o Shivkumar Chourasia,
Aged about 30 years,
Occupation-Business,
Resident of : 141, Madhuban,
Cooper Colony, Sadar Bazar,
Satara-415001.
Phone:+918308000011
E.mail : [email protected]..
.. Non-Applicant
...............
Shri V.S. Oberoi, Advocate for Applicant.
Shri A.S. Thotange, Advocate for Non-Applicant.
...............
CORAM : PRAVIN S. PATIL, J.
DATED : 08.01.2026.
2 MCA 243.25
JUDGMENT
1. By this application, the applicant is seeking the transfer
of H.M.P. No.A-131/2024 from the Family Court, Satara to the
Family Court, Nagpur.
2. The submission of the present applicant to get the
transfer of the proceeding is that the applicant is permanently
residing at Nagpur. She has already filed the proceeding under
the Protection of Women from Domestic Violence Act,2005 at
Judicial Magistrate, First Class, Nagpur bearing Criminal Misc.
Application No.2139/2023.
3. According to the applicant, the non-applicant is duly
served in the said proceeding and he is regularly attending the
proceeding at Nagpur. So also it is stated that the distance
between Nagpur to Satara is around 800 km and, therefore, it is
not convenient for her to travel such a long distance without
having company of anyone from the family. In the additional
affidavit, it is also stated that there is a threat to her life at
Satara and, therefore, for all these reasons, the application filed
by the husband at Satara be transfer to Nagpur.
3 MCA 243.25
4. In response to the notice issued by this court, the non-
applicant-husband appeared in the court. He has strongly
opposed the present application. He has specifically pointed out
that the applicant did not approach with clean hands before this
court. According to him, the applicant is presently working
with Tata Consultancy Services (TCS) and, therefore, she is
residing at Pune. Hence, the proceeding which she is asking to
transfer at Nagpur is nothing but harassment to the present
non-applicant and, therefore, he prayed to reject the present
application.
5. In the light of the submission of both the parties, this
court has asked the applicant to file the additional affidavit in
the court. Accordingly, the applicant has filed the additional
affidavit dated 15.11.2025 in the present application. In the
affidavit, it is categorically pointed out that from the month of
June-2025 to November-2025, for certain period, she has
worked from home and for some period she has joined the
office at Pune. As such, it is clear that she is not permanently
residing at Pune.
4 MCA 243.25
6. It is further stated by the applicant that one of the
proceeding which was filed by the husband under Section 9 of
the Hindu Marriage Act for Restitution of Conjugal Rights, due
to threat to her life, she could not attended the same at Satara.
As such, same was proceeded ex-parte against her. Applicant
pointed out that non-applicant is regularly attending the
proceeding arising out of Domestic Violence Act at Nagpur.
7. In the background of above said factual position, in my
opinion, the non-applicant, who is already attending one of the
proceeding at Nagpur, can also attend the proceedings, if same
are transferred from Satara to Nagpur. Therefore, I proceed to
pass the following order :
ORDER
(1) The application is allowed.
(2) The proceeding of H.M.P. No.A-131/2024
pending before Family Court, Satara is hereby transferred to the
Family Court, Nagpur.
(3) The Family Court, Satara is directed to transfer
the record and proceedings of H.M.P. No.A-131/2024 to the
Family Court, Nagpur.
5 MCA 243.25
(4) The Family Court, Nagpur is directed to permit
the present non-applicant to appear through video conference.
However, the non-applicant will have to secure his physical
attendance as and when required during the pendency of the
pending application.
(5) No costs.
(Pravin S. Patil, J.)
Gulande
Signed by: A.S. GULANDE
Designation: PS To Honourable Judge
Date: 09/01/2026 16:40:56
