Allowed¶16

Mrs Aparna W/O Arun Kakde v. Arun S/O Shankar Kakde

Bombay HC13 Jun 2025MCA/493/2024

Case brief

AI extract

What is this about?

Transfer of matrimonial proceedings allowed on grounds of wife's convenience — Hindu Marriage Petition No. 23/2024 (Buldhana, approx. 305 km) to be heard on the same date as PWDVA Case No. 79/2023 (Wardha); respondent absent and application unopposed; prejudice to wife's defence if made to travel; Hindu Marriage Act 1955; Protection of Women from Domestic Violence Act 2005; Misc. Civil Application (Transfer) No. 493 of 2024; Bombay High Court, Nagpur Bench; R. M. Joshi, J.; decided June 13, 2025.

What did the court decide?

Misc. Civil Application (Transfer) allowed in terms of prayer clause (i); Applicant directed to ensure that Hindu Marriage Petition No. 23/2024 and PWDVA Case No. 79/2023 are kept for hearing on the same date; appointed counsel's professional fees to be quantified as per Rules. ¶16

Mrs Aparna W/O Arun Kakde vs Arun S/O Shankar Kakde — Domestic Violence | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings of Hindu Marriage Petition No. 23/2024 pending before the Civil Judge Senior Division, Buldhana (about 305 km from the Applicant's residence at Wardha) should be transferred, given the prejudice to the Applicant-wife and the pendency of PWDVA Case No. 79/2023 against the Respondent at Wardha.

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Court's answer

The absence of the Respondent/husband, though served, indicates no inclination on his part to oppose the Application, and the Applicant's contention has gone unchallenged.

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Ratio / Principle

The Court found substance in learned Counsel's contention that if the Applicant is called upon to attend the proceedings at Buldhana, prejudice may be caused to her defence in those proceedings.

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Key takeaways

No prejudice would be caused to the husband if the Application is allowed, since the wife's proceeding under the Domestic Violence Act is already pending in the Court at Wardha.ratio¶15
The Misc. Civil Application was allowed in terms of prayer clause (i), and the Applicant was directed to ensure that the Hindu Marriage Petition No. 23/2024 proceedings and the PWDVA Case No. 79/2023 proceedings are kept for hearing on the same date.ratio¶17

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (R. M. Joshi, J.), by order dated June 13, 2025, allowed Misc. Civil Application (Transfer) No. 493 of 2024 in terms of prayer clause (i). The applicant-wife, a resident of Wardha claiming no independent source of income, sought transfer of her husband's Hindu Marriage Petition No. 23/2024 (Hindu Marriage Act, 1955) pending before the Civil Judge Senior Division, Buldhana, about 305 kilometers away. The respondent-husband, though served, did not appear; his absence indicated no inclination to oppose and the applicant's contention went unchallenged. The Court held that compelling the applicant to attend at Buldhana would cause prejudice to her defence, while no prejudice would result to the husband because the wife's proceeding under the Domestic Violence Act (PWDVA Case No. 79/2023) is already pending at Wardha. The applicant was directed to ensure that the Hindu Marriage Petition and the PWDVA proceedings are kept for hearing on the same date. Appointed counsel Ms. A. A. Pande's professional fees were left to be quantified as per Rules.

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1/3 58.mca.493.2024.odt

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

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MISC. CIVIL APPLICATION (TRANSFER) NO. 493 OF 2024

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Mrs. Aparna w/o Arun Kakde … APPLICANT

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Versus

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Arun s/o Shankar Kakde … RESPONDENT

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Ms. A. A. Pande, Advocate (Appointed) for the Applicant. None for the Respondent.

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CORAM : R. M. JOSHI, J. DATE : JUNE 13, 2025.

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ORDER

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. Heard Ms. A. A. Pande, learned Counsel (Appointed) for the Applicant. None appeared for the Respondent, though served.

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The Applicant is wife resident of Wardha. It is her claim that she has no independent source of income and that she is dependent on her parents for her survival. It is claimed that the Respondent/husband has filed proceeding under the provisions of Hindu Marriage Act, 1955 bearing Hindu Marriage Petition No. 23/2024 before the Civil Judge Senior Division, Buldhana, which is at a distance of about 305 kilometers.

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The learned Counsel for Applicant submits that if the Applicant is called upon to attend the said proceeding, prejudice will cause to her. Apart

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2/3 58.mca.493.2024.odt

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from this, it is her submission that proceedings filed under the provisions of Protection of Women from Domestic Violence Act, 2005 bearing PWDVA Case No. 79/2023 against the Respondent/husband are pending in the Court at Wardha, and as such, no prejudice will cause to the Respondent/husband, if the proceedings are transferred as prayed.

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Absence of the Respondent/husband indicates that there is no inclination on his part to oppose the Application. The contention of the Applicant has gone unchallenged. The distance between Buldhana and Wardha is about 305 kilometers. This Court finds substance in the contention of learned Counsel that if the Applicant is called upon to attend the proceedings at Buldhana, prejudice may cause to her to defence in the said proceedings. In any case, there is a proceeding filed by the wife against the husband under the Domestic Violence Act, which is pending in the Court at Wardha, and as such no prejudice will cause to the husband, in case Application is allowed.

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In view of above, Misc. Civil Application stands allowed in terms of prayer clause – (i) of the Application.

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The Applicant is directed to ensure that the proceedings of Hindu Marriage Petition No. 23/2024 and the proceedings under the Domestic Violence Act bearing PWDVA Case No. 79/2023 are kept for hearing on the same date.

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