Smt. Asmita W/O Himalaya Choure (Chawre) v. Himalaya S/O Rajhans Choure
Case brief
What is this about?
Asmita w/o Himalaya Choure (Chawre) v. Himalaya s/o Rajhans Choure | Bombay High Court, Nagpur Bench | Misc. Civil Application (Transfer) No. 352 of 2024 | decided June 13, 2025 | R. M. Joshi, J. | Transfer sought of husband's Section 9 Hindu Marriage Act, 1955 petition (HMP No. 379/2023, Civil Judge Senior Division, Bhusawal, District Jalgaon) by wife resident at Lohara, District Gondia; ~600 km distance; wife without independent income, dependent on parents; Protection of Women from Domestic Violence Act, 2005 proceedings by wife pending at Gondia; non-applicant served but absent and unopposed; application allowed in terms of prayer clause (A); co-scheduling direction for both proceedings; application disposed of. Themes: transfer of matrimonial proceeding, convenience of the wife, prejudice to defence, parity/co-location of cross-proceedings.
What did the court decide?
Misc. Civil Application (Transfer) allowed in terms of prayer clause (A) — viz., transfer of the non-applicant-husband's Hindu Marriage Petition No. 379/2023 (Section 9, Hindu Marriage Act, 1955) pending before the Civil Judge Senior Division, Bhusawal, District Jalgaon; the applicant-wife is further directed to keep HMP No. 379/2023 and the pending Domestic Violence Act proceedings (Gondia) on the same date; the application thereafter stands disposed of in those terms. (Destination court not expressly printed in the judgment; the context — wife's residence at Gondia and pendency of her DV Act proceedings there — indicates Gondia as the intended venue.)