Shivneri Pruthviraj Desai vs Pruthviraj Vasantrao Desai — Bombay HC (2025) — LawSathi Research

Shivneri Pruthviraj Desai vs Pruthviraj Vasantrao Desai — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Marriage Petition No. 206/2024 transferred from the Civil Judge, Senior Division, Jaisingpur, Shirol, Kolhapur to the Family Court, Amravati; miscellaneous civil application allowed with no order as to costs.

Issue for consideration

Whether the divorce petition, Marriage Petition No. 206/2024, pending before the Civil Judge, Senior Division, Jaisingpur, Shirol, Kolhapur, should be transferred to the Family Court, Amravati on account of the inconvenience to the applicant who resides at Amravati.

Court's answer

Because the applicant resides at Amravati and the divorce petition is filed at Jaisingpur, Shirol, Kolhapur, which is far away, attending there would cause her inconvenience and consume travel time.

Ratio / Principle

Considering the inconvenience caused to the single lady, the marriage petition is transferred from the Civil Judge, Senior Division, Jaisingpur, Shirol, Kolhapur to the Family Court, Amravati.

Detailed headnote1 paragraphs

Transfer of matrimonial proceedings - convenience of the wife. The applicant (wife) sought transfer of the divorce petition, Marriage Petition No. 206/2024 filed by the non-applicant (husband), from the Civil Judge, Senior Division, Jaisingpur, Shirol, Kolhapur to the Family Court, Amravati. Her counsel stated she resides at Amravati, the trial venue is more than 760 km away, travel takes two days, and she has nobody to escort her. The non-applicant opposed the transfer, offered to pay the travel expenses, cited N.C.V. Aishwarya vs A.S.Saravana Karthik Sha, AIR 2022 SC 4318 (where transfer was refused and travel expenses with one escort were granted), and suggested Pune as a venue convenient to both. The Court held that the distance would cause the applicant inconvenience and travel-time loss, and, considering the inconvenience to the single lady, transferred the petition to the Family Court, Amravati. Miscellaneous civil application allowed; no costs. The Court did not adjudicate upon the Apex Court authority relied on by the non-applicant nor upon his Pune suggestion.

2025:BHC-NAG:6928

53- MCA No. 18-2025 .odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION (TR) NO. 18 OF 2025

Shivneri Pruthviraj Desai Vs. Pruthviraj Vasantrao Desai

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

Mr. P. S. Thakur, Advocate for the applicant.

Mr. V. S. Undre, Advocate for the Non-applicant.

CORAM : MRS. VRUSHALI V. JOSHI, J.

DATE : 15/07/2025.

The applicant has filed this application to transfer the divorce petition bearing Marriage Petition No. 206/2024 filed by the non-applicant which is pending before the Civil Judge, Senior Division, Jaisingpur, Shirol, Kolhapur to the Family Court, Amravati.

The learned counsel appearing for the applicant stated that, the applicant is staying at Amravati and the petition is filed before the Civil Judge, Senior Division, Jaisingpur, Shirol, Kolhapur i.e. more than 760 K.M. away from Amravati. As there is nobody to escort her, so also it requires two days to reach at Jaisingpur, Shirol, Kolhapur, it is not possible for her to attend the matter before the Civil Judge, Senior Division, Jaisingpur, Shirol, Kolhapur. Hence, prayed to transfer the matter from Civil Judge, Senior Division, Jaisingpur, Shirol, Kolhapur to Family Court, Amravati.

The learned counsel appearing for the non-applicant opposed the application stating that, the

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non-applicant is ready to pay the expenses. Earlier the mutual consent petition was about to file, but the applicant has withdrawn her consent. The non-applicant has placed reliance on the judgment of the Hon’ble Apex Court in the case of N.C.V. Aishwarya vs A.S.Saravana Karthik Sha reported in AIR 2022 SC 4318, where the application to transfer the matter was rejected and the travel expenses were granted alongwith one escort.

The non-applicant has also suggested to transfer the matter to Pune, Court which will be convenient for both of them.

5. Heard both the learned counsel.

As the applicant is staying in Amravati and divorce petition is filed at Jaisingpur, Shirol, Kolhapur, which is far away from Amravati, it will cause inconvenience and it will take time for her to travel from Amravati to Jaisingpur, Shirol, Kolhapur.

Considering the inconvenience caused to the single lady, the petition bearing Marriage Petition No. 206/2024 pending before the Civil Judge, Senior Division, Jaisingpur, Shirol, Kolhapur is hereby transferred to the Family Court, Amravati.

The Misc. Civil Application is allowed. No

costs.

(MRS. VRUSHALI V. JOSHI, J.)

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