Mrs. Ujjwala Sudeep Pawar v. Mr. Sudeep Diwakar Pawar
Case brief
What is this about?
Bombay High Court, Nagpur Bench (Urmila Joshi-Phalke, J.), Misc. Civil Application (Tr.) No.540 of 2024, decided 07/02/2025. Wife (Ujjwala w/o Sudeep Pawar) sought transfer of husband's dissolution petition (Marriage Petition No.190/2022, Civil Judge Senior Division, Bhandara) to Family Court No.4, Nagpur, where her Restitution of Conjugal Rights petition under Section 9, Hindu Marriage Act (No. A-1713/2022) was pending; marriage solemnised 26.06.2021 at Kalmeshwar. Held: transfer warranted to avoid multiplicity and contradictory judgments; wife's convenience is the cardinal consideration per N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, AIR 2022 SC 4318 (relied on), invoking the ends-of-justice standard under Section 24, Code of Civil Procedure; no prejudice to husband as he already attended Nagpur hearings; husband served but unrepresented. Keywords: transfer of matrimonial proceedings, Section 24 CPC, wife's convenience, multiplicity of proceedings, Restitution of Conjugal Rights, Family Court Nagpur, Bhandara.