Sau. Sharda W/O Sagar Waghmare (Before Ku. Sharda D/O… — Matrimonial and Divorce | Bombay HC (2025)

Sau. Sharda W/O Sagar Waghmare (Before Ku. Sharda D/O… — Matrimonial and Divorce | Bombay HC (2025)

What the court decided

AI extract

Outcome

Application allowed; Hindu Marriage Petition No. A-2030/2023 withdrawn from Family Court, Pune and transferred to the Court of the learned Civil Judge Senior Division, Khamgaon, District Buldhana; Learned Principal Judge, Family Court, Pune requested to facilitate the transfer; the MCA and pending applications, if any, stand disposed of.

Issue for consideration

Whether the Proceedings bearing Hindu Marriage Petition No. A-2030/2023 pending in the Court of the learned Judge, Family Court, Pune should be transferred to the Court of the learned Civil Judge Senior Division, Khamgaon, District Buldhana, on the ground of the convenience of the Applicant-wife.

Court's answer

In view of the backdrop (wife residing at her parents' house with a three-year-old child, Khamgaon to Pune approximately 700 km), it would be difficult and inconvenient for the Applicant to attend the Proceedings at Pune along with the minor child; further, it is settled law that while considering an application for transfer of proceedings, the convenience of the wife is required to be taken into consideration.

Ratio / Principle

On that basis the transfer application was allowed: Hindu Marriage Petition No. A-2030/2023 was withdrawn from the Court of the learned Judge, Family Court, Pune and transferred to the Court of the learned Civil Judge Senior Division, Khamgaon, District Buldhana, with the Learned Principal Judge, Family Court, Pune requested to facilitate the transfer.

Detailed headnote1 paragraphs

Transfer of matrimonial proceeding — Hindu Marriage Petition No. A-2030/2023 under Section 9 of the Hindu Marriage Act, 1955 (restitution of conjugal rights) filed by the husband pending before the learned Judge, Family Court, Pune — Misc. Civil Application No. 307/2024 by the wife (Applicant) seeking transfer to the Court of learned Civil Judge Senior Division, Khamgaon, District Buldhana — marriage solemnized 10/11/2018 at Pune; one daughter aged three years; Applicant constrained to leave matrimonial home and residing at her parents' house; earlier complaint at Police Station Bhosari, Pune and D.V. proceedings of 2021 with maintenance of Rs. 10,000/- per month directed but unpaid — distance between Khamgaon and Pune approximately 700 kilometers — attendance at Pune with the minor child difficult and inconvenient for the Applicant — settled law that in considering a transfer application the convenience of the wife is required to be taken into consideration — Application allowed; petition withdrawn from Family Court, Pune and transferred to Civil Judge Senior Division, Khamgaon; Learned Principal Judge, Family Court, Pune requested to facilitate the transfer; MCA disposed of. (Paras 4-7)

2025:BHC-NAG:4791

926mca307.24

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

MISC. CIVIL APPLICATION NO. 307/2024

Sau. Sharda W/o Sagar Waghmare

...VERSUS...

Sagar S/o. Manmath Waghmare

∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞ Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders

∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞ Ms. P. Lakhanpal, Advocate for the Applicant(s)

CORAM:M.S. JAWALKAR, J. MAY 06, 2025

. Heard learned Counsel for the Applicant.

(2) It is submitted that the Non-Applicant could not be served on the existing address in spite of various attempts. The learned Registrar (Judicial), vide order dated 30/01/2025, granted permission to the Applicant to serve the Non-Applicant by paper-publication. Accordingly, the notice through paper publication is served on the Non-Applicant.

(3) The present Application is filed by the Applicant for transfer of Proceedings bearing Hindu Marriage Petition No. A-2030/2023 (Sagar Waghmare vs. Sharda W/o Sagar Waghmare) pending in the Court of learned Judge, Family Court, Pune to the Court of learned Civil Judge Senior Division, Khamgaon, District Buldhana.

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(4) It is submitted that the Applicant is the legally wedded wife of the Non-Applicant. Their marriage was solemnized on 10/11/2018 at Pune as per Hindu customs and rites. Due to harassment, the Applicant was constrained to leave her matrimonial home and she started residing at her parents house. Out of the said wedlock, they were blessed with one daughter on 24/03/2021 who is now three years old. Due to physical and mental harassment, the Applicant had filed complaint before the Police Station Bhosari, Pune, however, no action was taken by the Police. The Applicant has also filed D.V. proceedings in the year 2021 in which the Non-Applicant was directed to pay Rs. 10,000/- per month to the Applicant, however, she has not received any amount.

(5) It is her contention that just to harass the Applicant, the NonApplicant has filed the Petition bearing No. 2030/2023 under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the learned Judge, Family Court, Pune. It is informed that the distance between Khamgaon to Pune is approximately 700 kilometers.

(6) In view of the above backdrop, I am of the considered opinion that it would be difficult and inconvenient for the Applicant to attend the Proceedings at Pune along with the minor child. Even otherwise, it is the settled law that while considering the Application for transfer of the

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926mca307.24

Proceedings, convenience of wife is required to be taken into consideration.

(7) Accordingly, I pass the following order:-

(a) The Application is allowed .

(b) The Proceedings bearing Hindu Marriage Petition No. A- 2030/2023 (Sagar Waghmare vs. Sharda W/o Sagar Waghmare) pending in the Court of learned Judge, Family Court, Pune is hereby withdrawn and transferred to the Court of learned Civil Judge Senior Division, Khamgaon, District Buldhana.

(c) Learned Principal Judge, Family Court, Pune is requested to facilitate the transfer.

The MCA stands disposed of . Pending Application(s), if any, stand(s) disposed of .

(M.S. JAWALKAR, J.)

Signed by: A.P. ANSARI ..A.. Designation: PS To Honourable Judge Date: 06/05/2025 19:19:09