Madhura W/O Sushrut Kavimandan vs Shshrut S/O Anil Kavimandan — Bombay HC (2025) — LawSathi Research

Madhura W/O Sushrut Kavimandan vs Shshrut S/O Anil Kavimandan — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to attend the Family Court, Amravati proceedings through video conferencing, subject to securing presence as and when required; payment of Rs.3,000/- travelling charges by the non-applicant for each physical attendance; no order as to costs.

Issue for consideration

Whether the matrimonial proceedings (Petition No. A-258/2024) pending before the Family Court, Amravati should be transferred to the Civil Judge Senior Division, Chandrapur, on the grounds of the roughly 300 km distance, the applicant's lack of independent income, and the old age of her parents. +1 more

Court's answer

Distance alone is no longer a criterion for transfer of proceedings; once an advocate is engaged, physical attendance on every date is unnecessary, attendance can be secured through video conferencing, and on dates requiring physical appearance the non-applicant can be directed to pay travelling charges.

Ratio / Principle

The applicant is permitted to attend the proceedings before the Family Court, Amravati through video conferencing, while securing her presence as and when required before that Court.

Key takeaways

The non-applicant shall pay Rs.3,000/- towards travelling charges each time the applicant attends the proceedings physically before the Family Court, Amravati.ratio¶29

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Pravin S. Patil, J., 28.11.2025 — The wife's Misc. Civil Application (Tr.) No.213/2025 seeking transfer of the husband's divorce Petition No. A-258/2024 from the Family Court, Amravati to the Civil Judge Senior Division, Chandrapur (about 300 km apart), on grounds of distance, absence of independent income and the old age of her parents, was partly allowed: the applicant may attend the Amravati proceedings through video conferencing, must secure her presence whenever required, and the non-applicant husband shall pay Rs.3,000/- travelling charges for each physical appearance; no order as to costs. The Court held that distance alone is nowadays not a criterion for transferring proceedings and that, with an advocate engaged, attendance can be secured by video conference.

2025:BHC-NAG:13289

mca 213-2025.doc 1/4

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

MISC. CIVIL APPLICATION (TR.) NO.213/2025

Madhura w/o Sushrut Kavimandan, Aged about 33 years, occ. Housewife, R/o C/o Vijay Shirpure, “Vastushilp, Plot No.4/A, Jagannath Baba Nagar, Datala Road, Chandrapur, Tq. And Dist. Chandrapur 442401

... APPLICANT

...VERSUS…

Sushrut s/o Anil Kavimandan, Aged about 39 years, Occ. Business, R/o Devarankar Nagar, Amravati, Tq. And Dist. Amravati.

... NON-APPLICANT

Ms S.H. Bhagat, Advocate for applicant Smt. Swati Kulkarni/Potey, Advocate for non-applicant

CORAM : PRAVIN S. PATIL, J.

DATED : 28.11.2025

ORAL JUDGMENT

. Heard.

By this application, the applicant is seeking the transfer of matrimonial proceedings pending on the file of Family Court,

mca 213-2025.doc 2/4

Amravati bearing Petition No. A – 258/2024 to the learned Civil Judge Senior Division, Chandrapur.

It is the submission of the present applicant that she is residing at Chandrapur at the mercy of her parents. Applicant is not having independent earning source. It is further stated that her parents being old aged person, it will not be possible for her to attend the proceedings without having any company of anyone to attend in the proceedings at Amravati. The distance between Amravati to Chandrapur is near about 300 kms. Hence, on all these counts, the applicant states that the proceedings filed by the husband be transferred from Amravati to Chandrapur.

The non-applicant has vehemently opposed the application. He stated that the distance cannot be a reason for transfer of the proceedings. He has pointed out that before marriage, the parents of the applicant were residing at Amravati and at that time, they were not in need of help of anyone. Therefore, this cannot be a reason on the part of applicant that due to old age of her parents, her company is needed to them.

mca 213-2025.doc 3/4

The non-applicant further states that applicant can very well attend the proceedings through video conferencing, which is nowadays available in the Family Court. So also, the non-applicant is ready to pay the travelling charges to the applicant as and when she attends the proceedings at Family Court, Amravati.

In light of the submission made by both the parties and perusal of the record shows that non-applicant has filed the proceedings for divorce. Applicant except distance, failed to point out any justified reason for transfer of proceedings. In the cases of transfer, nowadays distance does not remain criteria to transfer the proceedings. So also once advocate is engaged, it is not necessary to attend physically every date of matter. Attendance can be secure through video conference. Only for those date, physical attendance is required, on those days, applicant can appear before the Court and on those days of appearance, non-applicant can be directed to pay traveling charges to the applicant.

In the background of above said factual position, in my opinion, the following order will sub-serve the justice. Hence, I proceed to pass the following order:

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ORDER

i) The application is partly allowed.

ii) The applicant is permitted to attend the proceedings before the learned Family Court, Amravati, through video conferencing.

iii) It is made clear that the applicant will secure her presence as and when required before the learned Family Court, Amravati.

iv) The non-applicant will pay Rs.3000/- towards travelling charges as and when the applicant will attend the proceedings physically before the learned Family Court, Amravati.

The application is disposed as in above terms. No order

as to the costs.

(PRAVIN S. PATIL, J.)

R.S. Sahare

Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 03/12/2025 15:29:08