Allowed¶13

Megha W/O Rahul Tayade v. Rahul S/O Arun Tayade

Bombay HC23 Jan 2025MCA/345/2024

Case brief

AI extract

What is this about?

Megha w/o. Rahul Tayade v. Rahul s/o. Arun Tayade, Misc. Civil Application No.345 of 2024, High Court of Judicature at Bombay, Nagpur Bench (R.M. Joshi, J.), decided 12th June 2025 — wife's application for transfer of H.M.P. No.A-647/2023 from Family Court, Nashik to Family Court, Nagpur allowed; wife's inconvenience given precedence over husband's; competent forum no bar to transfer; balance of convenience in favour of applicant.

What did the court decide?

Transfer of H.M.P. No.A-647/2023 from Family Court, Nashik to Family Court, Nagpur, in terms of prayer clause (i). ¶13

Megha W/O Rahul Tayade vs Rahul S/O Arun Tayade — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of H.M.P. No.A-647/2023 from Family Court, Nashik to Family Court, Nagpur, in terms of prayer clause (i).

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Issue for consideration

Whether H.M.P. No.A-647/2023 pending before the Family Court, Nashik should be transferred to the Family Court, Nagpur on the applicant-wife's grounds (distance of about 650 Kms, responsibility of a young son, non-payment of maintenance, and criminal proceedings pending against the respondent at Nagpur).

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Court's answer

In matters of transfer of proceedings, the inconvenience of the wife is to be considered over and above the inconvenience of the husband.

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Ratio / Principle

Merely because the proceedings are filed before a competent Court does not preclude the Court from transferring them.

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Key takeaways

As several proceedings are already pending against the respondent at Nagpur which he must attend in any event, more prejudice would be caused to the applicant if the transfer is refused than to the respondent if it is allowed; the balance of convenience lies in favour of the applicant.ratio¶12
The transfer application is allowed in terms of prayer clause (i), i.e., transfer of H.M.P. No.A-647/2023 from Family Court, Nashik to Family Court, Nagpur.ratio¶13

Detailed headnote1 paragraphs

Transfer of matrimonial proceeding — Wife-applicant sought transfer of H.M.P. No.A-647/2023 pending before Family Court, Nashik to Family Court, Nagpur on grounds that Nashik is about 650 Kms away, she has responsibility of a young son, no maintenance has been paid by the husband, and several criminal proceedings are pending against the respondent in the Courts at Nagpur — Held: the inconvenience of the wife is to be considered over and above the inconvenience of the husband; mere filing of the proceeding before a competent Court does not preclude transfer; since the respondent has no option but to appear in Courts at Nagpur in any event, the balance of convenience lies in favour of the applicant — Misc. Civil Application allowed in terms of prayer clause (i).

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80-mca345.24.odt 1/2

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

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MISC. CIVIL APPLICATION No.345 OF 2024

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(Megha w/o. Rahul Tayade Vs. Rahul s/o. Arun Tayade)

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Office Notes, Office Memoramda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

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Ms. Nazia Pathan h/f. Mr. S.V. Sirpurkar, Advocate for applicant. Mr. S.A. Kanetkar, Advocate for respondent.

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CORAM : R.M. JOSHI, J. DATE : 12th JUNE, 2025.

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The applicant is a lady, who seeks transfer of H.M.P. bearing No.A-647/2023 pending on the file of Family Court, Nashik to Family Court, Nagpur on the ground that she has responsibility of a young son. It is the contention of the counsel for the applicant that it is practically impossible for the applicant to attend the matrimonial proceeding at Nashik which is at a distance of about 650 Kms. She also makes a grievance that no maintenance has been paid to her by the husband. She has also brought to the notice of this Court that there are several criminal proceedings are pending against the respondent in the Courts at Nagpur.

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Learned counsel for the respondent vehemently opposed the application. It is his submission that the proceeding H.M.P. No.A-647/2023 is filed before the competent Court and there is no case to transfer the said proceeding.

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The law on the point of transfer of the proceeding is settled to say that the inconvenience of the wife should be considered over and above inconvenience of the husband. Merely because the proceedings are filed before the competent Court, that

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80-mca345.24.odt 2/2

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does not preclude this Court to transfer the proceedings. Admittedly, there are number of proceedings pending against the respondent and as such he has no option but to appear in Courts at Nagpur. More prejudice will cause to the applicant if the application is not allowed than to the respondent, if it is allowed. The balance of convenience certainly lies in favour of applicant.

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In the facts of the case, application stands allowed in terms of prayer clause (i).

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Wadode

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Signed by: Mr. Devendra Wadode Designation: PS To Honourable Judge Date: 16/06/2025 14:32:34

Megha W/O Rahul Tayade v. Rahul S/O Arun Tayade

Case brief

What is this about?

What did the court decide?

Megha W/O Rahul Tayade v. Rahul S/O Arun Tayade

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

All orders in this case

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