Allowed¶12

Deveshree Anup Taile v. Anup Onkarrao Taile

Bombay HC22 Apr 2025MCA/47/2024

Case brief

AI extract

What is this about?

Unopposed transfer application allowed: transfer of criminal proceeding H.M.P. No.A-1363/2023 from Family Court, Nagpur to Civil Judge, Senior Division, Khamgaon; convenience of wife-applicant with no source of income; applicant recently delivered a child; prejudice to mother and infant; domestic violence proceeding pending at Khamgaon; respondent absent and non-opposing; same-day hearing direction; Misc. Civil Application No.47 of 2024; Bombay High Court, Nagpur Bench; R.M. Joshi, J.; decided 12 June 2025.

What did the court decide?

Transfer of Proceeding H.M.P. No.A1363/2023 from the Family Court, Nagpur to Civil Judge, Senior Division, Khamgaon, in terms of prayer clause (a), coupled with a direction that the applicant ensure both proceedings are heard on the same day. ¶12

Deveshree Anup Taile vs Anup Onkarrao Taile — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶12

Issue for consideration

Whether the criminal proceeding H.M.P. No.A-1363/2023 pending before the Family Court, Nagpur ought to be transferred to Khamgaon on the ground of inconvenience and prejudice to the applicant, a lady with no source of income residing at Khamgaon who has recently delivered a child.

¶8

Court's answer

Since the applicant has recently given birth, requiring her to attend proceedings at a place distant from her present abode would cause serious prejudice not only to her but also to the infant.

¶12

Ratio / Principle

The applicant has made out a case for transfer of Proceeding H.M.P. No.A1363/2023 from the Family Court, Nagpur to Civil Judge, Senior Division, Khamgaon, and the application is allowed in terms of prayer clause (a).

¶12

Key takeaways

The respondent's absence indicated he was not interested in opposing the application, and the applicant's contentions accordingly stood unchallenged.ratio¶10
As a condition of the transfer, it is the applicant's responsibility to ensure that both proceedings are kept for hearing on the same day so that the respondent is not harassed into appearing on different dates.ratio¶13

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), by order dated 12.06.2025 (R.M. Joshi, J.), allowed Misc. Civil Application No.47 of 2024 filed by the applicant-wife seeking transfer of Criminal Proceedings H.M.P. No.A-1363/2023, instituted by the respondent-husband before the Family Court, Nagpur, to Civil Judge, Senior Division, Khamgaon. Grounds: the applicant is a lady with no source of income and a resident of Khamgaon, District Buldhana; she was pregnant when the application was filed and has recently delivered a child; attending proceedings at Nagpur would cause serious prejudice to her and to the infant. A domestic violence proceeding against the respondent is already pending at Khamgaon. The respondent did not appear and the applicant's contentions went unchallenged. The Court further directed that it shall be the applicant's responsibility to ensure both proceedings are kept for hearing on the same day so that the respondent is not harassed with appearances on different dates.

¶1

72-mca47.24.odt 1/2

¶2

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

¶3

MISC. CIVIL APPLICATION No.47 OF 2024

¶4

(Deveshree Anup Taile Vs. Anup Onkarra Taile)

¶5

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

¶6

Mr. A.D. Bhate, Advocate for applicant. None for the respondent.

¶7

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

¶8

None present for the respondent. 2. Perused the application. 3. It is the contention of the applicant that she is lady with no source of income. She makes a grievance that she is a resident of Khamgaon, District Buldhana, whereas respondent-husband has filed Criminal Proceedings bearing H.M.P. No.A-1363/2023 before the Family Court at Nagpur and attending the said proceeding would lead to causing of great inconvenience to her. These amongst other contentions transfer of the proceeding is sought.

¶9

Learned counsel for the applicant submits that when the application was filed the applicant was carrying pregnancy and that she has recently delivered a child. It is his submission that apart from this fact, there is a domestic violence proceeding pending against the respondent at Khamgaon. It is his submission that no prejudice will cause to the respondent/non-applicant if the application is allowed.

¶10

Absence of respondent indicates he is not interested in opposing the application.

¶11

72-mca47.24.odt 2/2

¶12

The contention of the applicant has gone unchallenged. Applicant has recently gave birth to the child. In such circumstances, calling upon her to attend the proceedings at place for a distance from her present abode, will cause serious prejudice not only to her but also to the infant. Applicant therefore has made out a case for transfer of Proceeding bearing H.M.P. No.A1363/2023 from the Family Court, Nagpur to Civil Judge, Senior Division, Khamgaon. Thus, the application stands allowed in terms of prayer clause (a).

¶13

It shall be responsibility of applicant to ensure that both proceedings are kept for hearing on same day, to ensure that respondent is not harassed to cause appearance on different dates.

¶14

(R.M. JOSHI, J.)

¶15

Wadode

¶16

Signed by: Mr. Devendra Wadode Designation: PS To Honourable Judge Date: 16/06/2025 14:33:31

Deveshree Anup Taile v. Anup Onkarrao Taile

Case brief

What is this about?

What did the court decide?

Deveshree Anup Taile v. Anup Onkarrao Taile

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

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