Allowed¶17

Roshni Tushar Ingole v. Tushar Sahebrao Ingole

Bombay HC23 Jan 2025MCA/516/2024

Case brief

AI extract

What is this about?

Bombay High Court, Nagpur Bench; Misc. Civil Application No. 516/2024 (internal 29.mca.516.24); decided 23/01/2025 by Mrs. Vrushali V. Joshi, J.; applicant Roshni Tushar Ingole v. non-applicant Tushar Sahebrao Ingole; transfer of divorce petition H.M.P.No.79/2023 from Civil Judge, Senior Division, Mangrulpir, District Washim to Civil Judge, Senior Division, Wardha; grounds: applicant's employment with M.S.E.B. at Pulgaon, care of 3½-year-old son, 130 km distance, husband residing at Pune; related Domestic Violence proceeding before JMFC Pulgao; non-applicant duly served but failed to appear; application allowed; no order as to costs.

What did the court decide?

Transfer of H.M.P.No.79/2023 from the Civil Judge, Senior Division, Mangrulpir, District Washim to the Civil Judge, Senior Division, Wardha, with no order as to costs. ¶17

Roshni Tushar Ingole Vs Tushar Sahebrao Ingole — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of H.M.P.No.79/2023 from the Civil Judge, Senior Division, Mangrulpir, District Washim to the Civil Judge, Senior Division, Wardha, with no order as to costs.

¶17

Issue for consideration

Whether the divorce petition H.M.P.No.79/2023 pending before the Civil Judge, Senior Division, Mangrulpir, District Washim should be transferred to the Civil Judge, Senior Division, Wardha in view of the inconvenience to the applicant, who resides and works at Pulgaon, District Wardha with her 3½-year-old son, the Mangrulpir court being about 130 km away.

¶14

Court's answer

As the applicant stays at Pulgaon and does her job after taking care of her son, it will not be possible for her to take leave and attend the Court at Mangrulpir, which is 130 kilometers away from Pulgaon.

¶16

Ratio / Principle

Considering the inconvenience caused to the applicant, the application seeking transfer is allowed.

¶16

Key takeaways

The proceeding bearing H.M.P.No.79/2023 pending before the Civil Judge, Senior Division, Mangrulpir, District Washim is transferred to the Civil Judge, Senior Division, Wardha.ratio¶17

Detailed headnote1 paragraphs

Transfer of matrimonial proceeding - Convenience of wife. The applicant-wife, employed with M.S.E.B., resides at Pulgaon, District Wardha with her 3½-year-old son, while the non-applicant-husband resides at Pune and works on contract basis; his divorce petition H.M.P.No.79/2023 pends before the Civil Judge, Senior Division, Mangrulpir, District Washim, about 130 km from Pulgaon, and a Domestic Violence proceeding is already pending before the Judicial Magistrate First Class, Pulgao, District Wardha. Though duly served, the non-applicant failed to appear. Holding that it would not be possible for the applicant to take leave and travel 130 km to attend the court while caring for her son, and considering the inconvenience caused to her, the Court allowed the application and transferred H.M.P.No.79/2023 to the Civil Judge, Senior Division, Wardha; no order as to costs.

¶1

2025:BHC-NAG:731

¶2

1 29.mca.516.24

¶3

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

¶4

MISC. CIVIL APPLICATION NO. 516/2024 Roshni Tushar Ingole Vs.

¶5

Tushar Sahebrao Ingole

¶6

¶7

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

¶8

- - - - Mr. N. M. Kamble, Advocate h/f. Mr. D. R. Bhoyar, Advocate for Applicant.

¶9

CORAM : MRS.VRUSHALI V. JOSHI, JJ. DATED : 23/01/2025.

¶10

. The applicant has filed this application to seek transfer of the petition for divorce filed by the nonapplicant bearing H.M.P.No.79/2023 pending before the Civil Judge, Senior Division, Mangrulpir, District Washim to the Civil Judge, Senior Division, Wardha.

¶11

The learned Counsel for the applicant has stated that the applicant is staying at Pulgaon, District Wardha and doing job in M.S.E.B. She is having son of 3 ½ years. She is staying alone with her son and doing her job. It is not possible for her to attend the Court at Mangrulpir, District Washim, which is 130 kilometers away from Pulgaon, District Wardha. The Domestic Violence proceeding is already pending before the Judicial Magistrate First Class, Pulgao, District Wardha. The nonapplicant is attending the said proceedings. The nonapplicant is staying at Pune and doing job on contract basis.

¶12

The learned Counsel for the petitioner has stated that as the applicant is doing job, it is not possible

¶13

2 29.mca.516.24

¶14

for her to attend the Court at Mangrulpir along with her son, who is 3 ½ years of age. Hence, prayed to transfer the petition which is pending before the Civil Judge, Senior Division, Mangrulpir, District Washim to the Civil Judge, Senior Division, Wardha.

¶15

Though the non-applicant is duly served, failed to appear in this matter.

¶16

As the applicant is staying at Pulgaon and doing her job after taking care of her son, it will not be possible for her to take leave and attend the Court at Mangrulpir which is 130 kilometers away from Pulgaon. Considering the inconvenience caused to the applicant, the application is allowed.

¶17

The proceeding bearing H.M.P.No.79/2023 pending before the Civil Judge, Senior Division, Mangrulpir, District Washim is hereby transferred to the Civil Judge, Senior Division, Wardha.

¶18

There shall be no order as to costs.

¶19

(MRS. VRUSHALI V. JOSHI, J.)

¶20

RGurnule

Roshni Tushar Ingole v. Tushar Sahebrao Ingole

Case brief

What is this about?

What did the court decide?

Roshni Tushar Ingole v. Tushar Sahebrao Ingole

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

Similar cases

Vidharbha Irrigation Development Corporation Thr Exe Enginner Purna Medium Project Div Amravati Vs Eknath Haribhau Ambulkar and Others

V.I.D.C., through Executive Engineer, Purna Medium Project Division, Amravati Vs Mrs. Chhayatai Padmakar Holey and Others

The Branch Manager, the Oriental Insurance Co. Ltd., Legal Cell, Nagpur Vs Permila Wd/O Dhyaneshwar @ Dhaneshwar Mungbhate and Others

Shamshad Parveen W/O Shaikh Aslam Vs Shaikh Aslam Shaikh Rahim

Mayuri W/O Yashdeep Nimje vs Yashdeep S/O Purshottam Nimje and Others

Pallavi W/O Durgesh Rajvaidya vs Durgesh Ramesh Rajvaidya