Allowed¶16

Ms. Swati Nilesh Chaudhari v. Dr. Nilesh Kashinath Chaudhari

Bombay HC8 Jul 2025MCA/24/2024

Case brief

AI extract

What is this about?

Bombay High Court, Aurangabad Bench (S.G. Chapalgaonkar, J.; decided 08.07.2025) allows MCA No.24/2024 filed by the wife seeking transfer of Hindu Marriage Petition No.559/2023 from Civil Judge Senior Division, Pune to Civil Judge Senior Division, Chalisgaon. Convenience-of-wife principle applied citing N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, AIR 2022 SC 4318; co-pending PWDVA No.187/2023 before CJM Chalisgaon attended by husband; distance Chalisgaon-Pune; no reply filed by respondent.

What did the court decide?

Miscellaneous Civil Application allowed in terms of prayer clause 'B': Hindu Marriage Petition No.559 of 2023 transferred from the Civil Judge Senior Division, Pune to the Civil Judge Senior Division at Chalisgaon; parties directed to appear before the learned Civil Judge Senior Division at Chalisgaon on 20.08.2025.

Ms. Swati Nilesh Chaudhari Vs Dr. Nilesh Kashinath Chaudhari — Domestic Violence | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Hindu Marriage Petition No.559 of 2023 pending before the Civil Judge Senior Division, Pune should be transferred to the Civil Judge Senior Division at Chalisgaon for the convenience of the applicant-wife. +1 more

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Court's answer

The applicant resides at Chalisgaon with her parents and minor son; one proceeding instituted by her is pending before the Chief Judicial Magistrate, Chalisgaon which the respondent-husband attends; considering the distance between Chalisgaon and Pune, it would be convenient for the applicant if the proceeding at Pune is transferred to Chalisgaon, it being trite per the Supreme Court guidelines in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha (AIR 2022 SC 4318) that the convenience of the wife is given precedence in transfer of matrimonial proceedings.

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Ratio / Principle

There is nothing on record to show that the respondent-husband would have any difficulty attending the proceedings at Chalisgaon if they are transferred from Pune.

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Detailed headnote1 paragraphs

Transfer of matrimonial proceeding — Hindu Marriage Petition No.559 of 2023 pending before Civil Judge Senior Division, Pune sought to be transferred to Civil Judge Senior Division, Chalisgaon by applicant-wife — applicant residing at Chalisgaon with her parents and minor son; proceeding under the Protection of Women from Domestic Violence Act, 2005 instituted by her (PWDVA No.187 of 2023) pending before Chief Judicial Magistrate, Chalisgaon and attended by respondent-husband; distance between Chalisgaon and Pune considered; following the Supreme Court guideline in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, AIR 2022 SC 4318, convenience of the wife given precedence in transfer of matrimonial proceedings; nothing on record showing any difficulty to the husband; no reply filed despite service of notice; Miscellaneous Civil Application allowed in terms of prayer clause 'B'; parties to appear before Civil Judge Senior Division, Chalisgaon on 20.08.2025.

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96-MCA-24-24.odt

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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MISC.CIVIL APPLICATION NO. 24 OF 2024

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MS. SWATI NILESH CHAUDHARI VERSUS

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DR. NILESH KASHINATH CHAUDHARI

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Mr. N. V. Dhuke h/for Mr. Wani Girish V., Advocate for Applicant Mr. Patil Pramod D, Advocate for Respondent

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CORAM : S. G. CHAPALGAONKAR, J. DATE : 08.07.2025

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PER COURT :-

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. By this application, applicant-wife seeks transfer of Hindu Marriage Petition No.559 of 2023 filed by respondent-husband before Civil Judge Senior Division, Pune to Civil Judge Senior Division at Chalisgaon.

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Mr. Dhuke, learned Advocate appearing for applicant submits that applicant is residing with her parents at Chalisgaon. She has instituted proceeding under the Protection of Women from Domestic Violence Act, 2005 against respondent-husband before learned Chief Judicial Magistrate, Chalisgaon which is registered as PWDVA No.187 of 2023. Respondent-husband instituted Hindu Marriage Petition before learned Civil Judge Senior Division, Pune.

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According to Mr. Dhuke, applicant is taking care of minor son and it is difficult for her to attend proceeding at Pune since distance between Chalisgaon to Pune is more than 300 kilometers.

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1 of 2

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(( 2 )) 96-MCA-24-24

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Although notice of this application is served upon respondent, no reply is filed.

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Considering submissions advanced, it can be observed that applicant is residing at Chalisgaon along with her parents and minor son. One of the proceedings instituted by her is pending before learned Chief Judicial Magistrate, Chalisgaon and respondent-husband is attending said proceeding. In this background, considering distance between Chalisgaon to Pune, it would be convenient for applicant, if proceeding at Pune is transferred to Chalisgaon. It is trite that, convenience of wife has to be given precedence in the matter of transfer of matrimonial proceedings as per guidelines laid down by Hon’ble Supreme Court in case of N. C. V. Aishwarya Vs. A. S. Saravana Karthik Sha, reported in AIR 2022 SC 4318. There is nothing on record to show that respondent-husband would have any difficulty to attend proceeding at Chalisgaon, if it is transferred from Pune.

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In that view of the matter, Miscellaneous Civil Application is allowed in terms of prayer clause ‘B’.

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Parties to appear before learned Civil Judge Senior Division at Chalisgaon on 20.08.2025.

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HRJadhav

Ms. Swati Nilesh Chaudhari v. Dr. Nilesh Kashinath Chaudhari

Case brief

What is this about?

What did the court decide?

Ms. Swati Nilesh Chaudhari v. Dr. Nilesh Kashinath Chaudhari

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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