Durga Amol Khodake v. Amol Madhukarrao Khodake

Bombay HC24 Jan 2025MCA/287/2023

Case brief

AI extract

What is this about?

Bombay High Court, Nagpur Bench (Mrs Vrushali V. Joshi, J., 24-01-2025) allowed the wife's Misc. Civil Application No.287 of 2023 and transferred the husband's divorce petition (Marriage Petition No.101/2022) from the Civil Judge (Senior Division), Darwha, about 300 km away, to the Family Court No.4, Nagpur, directing it to be clubbed with her pending maintenance Petition No.E/506/2021; transfer granted on the ground of the wife's inconvenience in travelling with her about 3-year-old son and the pendency of related maintenance proceedings at Nagpur.

What did the court decide?

Transfer of Marriage Petition No.101/2022 from the Civil Judge (Senior Division), Darwha to the Family Court No.4, Nagpur, to be clubbed with the applicant's maintenance Petition No.E-506/2021; Misc. Civil Application allowed and disposed of. ¶¶19

Durga Amol Khodake Vs Amol Madhukarrao Khodake — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶19

Issue for consideration

Whether the Marriage Petition No.101/2022 pending before the Civil Judge (Senior Division), Darwha should be transferred to Nagpur and clubbed with the applicant's pending maintenance petition before the Family Court, Nagpur, given the distance of about 300 km and the inconvenience of the applicant travelling with her about 3-year-old son.

¶¶14

Court's answer

Considering the inconvenience and difficulties faced by the applicant (residing at Nagpur with her about 3-year-old son, Darwha being about 300 km away) and the pendency of her maintenance proceedings before the Family Court, Nagpur, the Marriage Petition No.101/2022 pending before the Civil Judge (Senior Division), Darwha is transferred and clubbed with Petition No.E-506/2021 pending before the Family Court No.4, Nagpur.

¶¶18

Detailed headnote1 paragraphs

Transfer of matrimonial cause — wife's convenience. The applicant-wife, residing at Nagpur with her about 3-year-old son at her mother's residence, sought transfer of the non-applicant-husband's divorce petition (Marriage Petition No.101/2022) pending before the Civil Judge (Senior Division), Darwha — about 300 km from Nagpur — to the Family Court, Nagpur, where her own maintenance Petition No.E/506/2021 with interim application was pending. The non-applicant was served but none appeared for him. Holding that the inconvenience and difficulties faced by the applicant and the pendency of her maintenance proceedings before the Family Court, Nagpur justified the transfer, the Court directed that the marriage petition stand transferred from Darwha and be clubbed with Petition No.E-506/2021 before the Family Court No.4, Nagpur. Misc. Civil Application allowed and disposed of. (Paras 3-6)

¶1

2025:BHC-NAG:801 7-MCA-287-23.od t

¶2

1/2

¶3

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

¶4

MISC. CIVIL APPLICATION NO.287 OF 2023

¶5

Sau. Durga W/o Amol Khodake, Saibaba Nagar (Kharbi), Dist. Nagpur

¶6

-vs-

¶7

Amol S/o Madhurkarrao Khodake, Tah. Arni, Dist. Yeotmal

¶8

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

¶9

Shri V. R. Baseshankar, Advocate for applicant.

¶10

CORAM : MRS VRUSHALI V. JOSHI, J.

¶11

DATE : January 24, 2025

¶12

The applicant has filed this application to transfer the Marriage Petition No.101/2022 filed by the non-applicant before the Civil Judge (Senior Division), Darwha for grant of divorce to the Family Court, Nagpur.

¶13

The applicant has also filed the proceedings for maintenance bearing Petition No.E/506/2021 alongwith interim application at the Family Court Nagpur which is informed to be pending.

¶14

The learned counsel for the applicant submitted that the distance from Nagpur to Darwha is about 300 km. The applicant and her son of about 3 years are residing at Nagpur with the applicant’s mother. It is very difficult and inconvenient for her to travel alongwith her son to Darwha to attend the proceedings. Hence it is the prayer of the applicant that the proceedings pending before the Civil Judge (Senior Division) Darwha be transferred and clubbed with the petition for maintenance pending before the Family Court, Nagpur.

¶15

Through served, none appeared for the non-applicant.

¶16

7-MCA-287-23.od t

¶17

2/2

¶18

Considering the inconvenience and difficulties being faced by the applicant and the fact that the proceedings for maintenance filed by the applicant are pending in Family Court, Nagpur, the Marriage Petition No.101/2022 pending before the Civil Judge (Senior Division), Darwha is transferred and clubbed with the Petition No.E-506/2021 pending before the Family Court No.4, Nagpur.

¶19

Misc. Civil Application is allowed and disposed of.

¶20

(Mrs Vrushali V. Joshi, J.)

¶21

Asmita

Durga Amol Khodake v. Amol Madhukarrao Khodake

Case brief

What is this about?

What did the court decide?

Durga Amol Khodake v. Amol Madhukarrao Khodake

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Shamshad Parveen W/O Shaikh Aslam Vs Shaikh Aslam Shaikh Rahim

Roshni Tushar Ingole Vs Tushar Sahebrao Ingole

Mayuri W/O Yashdeep Nimje vs Yashdeep S/O Purshottam Nimje and Others

Shardul Damodar Pujari Thr. P.O.A. Holder Damodar S/O Motilalji Pujari Father of the Petitioner Vs Revati W/O Shardul Pujari

Sau. Swarup W/O Rahul Badole Vs Rahul Manik Badole

Mrs. Sukeshini W/O Kamlesh Mohod Vs Kamlesh S/O Avdhutrao Mohod