Citation : 2026 Latest Caselaw 272 Bom
Judgement Date : 12 January, 2026
2026:BHC-NAG:535
mca 561-2025.doc 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
MISC. CIVIL APPLICATION (TR.) NO.561/2025
Mrs. Kajal Tejas Patil, Age 29 years,
Occ. Housewife, Resident at present
C/o Ramrao Motiram Gaikwad, New
Mahsul Colony, Near Panchasheel
Boudha Vihar, Khadki (Budruk),
Akola, Tq. And Dist. Akola.
... APPLICANT
...VERSUS...
Mr. Tejas Rambhau Patil, Age 32 years,
Occ. Service, R/o Vijaypath Nagar,
Near School of Scholars, Sipna College
Road Junghare Kirana Lane, Amravati,
Tq. And Dist. Amravati
...NON-APPLICANT
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Shri P.U. Kavishwar, Advocate for applicant
Shri Gandhe for non-applicant
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CORAM : PRAVIN S. PATIL, J.
DATED : 12.01.2026
ORAL JUDGMENT
. Heard.
2. By way of present application, the applicant is seeking
the transfer of the proceedings bearing Petition No.A/215/2025
from the Family Court, Amravati to Family Court, Akola. It is the
submission of the present applicant that the wife is residing at
Akola. Out of the wedlock, the daughter of six months old is in her
custody. Therefore, it will be inconvenient for her to travel from
Akola to Amravati along with six months daughter.
3. It is also pointed out by the applicant that the non-
applicant is presently working at Barshitakli, district Akola.
Therefore, it will be convenient for him to attend the proceedings at
Akola.
4. The non-applicant has opposed the application and according
to him, the applicant has filed several proceedings against him and
also not permitting him to visit the child. As such, considering her
behaviour pattern, she is not entitled for transfer of the proceedings
from Amravati to Akola.
5. In light of the submission of both the parties, it is clear
that the applicant is having the custody of minor child of six months
old. Therefore, it is practically impossible for the applicant to travel
from Akola to Amravati. It is also not disputed that non-applicant is
working at Barshitakli in Akola District. Therefore, it will also be
convenient him to attend the proceedings at Akola. Hence, in my
opinion, the applicant has made out the case for transfer of the
proceedings from Amravati to Akola.
6. The only grievance of the non-applicant is that as he
being employment and due to several matrimonial disputes, he is
unable to attend the proceedings. However, in my opinion, the
Family Court, Akola can take care of this fact and fix the dates as
far as possible on the same dates in other proceedings, or can
permit the non-applicant to attend the proceedings through video
conferencing on the dates when his personal appearance is not
necessary in the matter. Hence, I proceed to pass the following
order:
ORDER
i) The application is allowed.
ii) The proceedings bearing Petition No.A/215/2025 filed by the
non-applicant against the applicant under Section 9 of the Hindu
Marriage Act, 1955, is hereby transferred from Family Court
Amravati to Family Court Akola.
iii) The Family Court, Amravati, is directed to transfer the
proceedings of Petition No.A/215/2025 from Family Court
Amravati to Family Court Akola.
iv) The Family Court, Akola is requested to accommodate the
non-applicant while fixing the dates in the petition and if required
permit him to appear through video conferencing.
7. In view of the above terms, the application stands
disposed of. No order as to the costs.
(PRAVIN S. PATIL, J.) R.S. Sahare
Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 14/01/2026 18:46:31
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