Manjusha W/O Anup Manwar vs Anup S/O Deepak Manwar — Domestic Violence | Bombay HC (2025)

Manjusha W/O Anup Manwar vs Anup S/O Deepak Manwar — Domestic Violence | Bombay HC (2025)

What the court decided

AI extract

Outcome

Withdrawal and transfer of Petition No. A/193/2024 (Anup Deepak Manwar vs. Manjusha Anup Manwar) from the file of the learned Judge, Family Court No. 3, Nagpur to the file of the learned Judge, Family Court at Amravati; the Learned Principal Judge, Family Court, Nagpur requested to facilitate the transfer; the Application stands disposed of.

Issue for consideration

Whether Petition No. A/193/2024 (Anup Deepak Manwar vs. Manjusha Anup Manwar) pending before the learned Judge, Family Court No. 3, Nagpur should be withdrawn and transferred to the learned Judge, Family Court, Amravati, taking into account the convenience of the wife.

Court's answer

While considering an application for transfer of proceedings, the convenience of the wife is required to be taken into consideration (stated by the Court as settled law, and relied upon as the governing consideration).

Ratio / Principle

The Application is allowed: Petition No. A/193/2024 (Anup Deepak Manwar vs. Manjusha Anup Manwar) pending before the learned Judge, Family Court No. 3, Nagpur is withdrawn and transferred to the file of the learned Judge, Family Court at Amravati.

Detailed headnote1 paragraphs

MISC. CIVIL APPLICATION No. 573/2024, High Court of Judicature at Bombay, Nagpur Bench (M.S. Jawalkar, J.), decided April 08, 2025 - Transfer of matrimonial proceedings; convenience of the wife. On the wife-Applicant's application, the Court allowed withdrawal of Petition No. A/193/2024 (Anup Deepak Manwar vs. Manjusha Anup Manwar), stated to be proceedings under Section 9 of the Hindu Marriage Act, 1955 filed by the husband, from the file of the learned Judge, Family Court No. 3, Nagpur, and its transfer to the learned Judge, Family Court, Amravati. The Court relied on the settled position that the convenience of the wife governs transfer applications, noting that the husband's Nagpur petition was filed after the wife's Protection of Women From Domestic Violence Act, 2005 proceedings (P.W.D.A. No. 337/2023, pending before the 12th Judicial Magistrate First Class, Amravati) in which he was already appearing and contesting, and that she had also lodged a Complaint/FIR under Sections 498-A, 323, 504, 506 & 34 IPC at Police Station Gadgenagar, Amravati. The Learned Principal Judge, Family Court, Nagpur was requested to facilitate the transfer; the Application stood disposed of.

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917mca573.24

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

MISC. CIVIL APPLICATION NO. 573/2024

Manjusha Anup Manwar

...VERSUS...

Anup Deepak Manwar

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

and Registrar's orders

∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞ Shri K.V. Kothale, Advocate for the Applicant Thru V.C.

CORAM:M.S. JAWALKAR, J. APRIL 08, 2025

. In spite of service, the Non-Applicant has chosen to remain absent.

Heard learned Counsel for the Applicant.

(2) The present Application is filed by the Applicant for transfer of Proceedings bearing Petition No. A/193/2024 (Anup Deepak Manwar vs. Manjusha Anup Manwar) pending on the file of learned Judge, Family Court No. 3, Nagpur to the file of learned Judge, Family Court at Amravati.

(3) The Applicant is the legally wedded wife of the Non-Applicant. It appears that there are matrimonial disputes going on between the Applicant and the Non-Applicant since long. The Applicant is residing at her parents house at Amravati. It is submitted that due to the cruelty

..A..

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meted out to the Applicant, she has filed Complaint/FIR to the Police Station Gadgenagar, Amravati against the Non-Applicant for the offences punishable under Sections 498-A, 323, 504, 506 & 34 of the Indian Penal Code, 1860. She has also filed Proceedings under the Protection of Women From Domestic Violence Act, 2005 bearing P.W.D.A. No. 337/2023 which is pending on the file of learned 12^th Judicial Magistrate First Class, Amravati.

(4) It is contended that the Proceedings under Section 9 of the Hindu Marriage Act, 1955 filed by the Non-Applicant at Nagpur is subsequent to the proceedings under the DV Act filed by the Applicant. It is also informed that the Non-Applicant is appearing and contesting the said D.V. Proceedings at Amravati Court.

(5) Therefore, I am of the considered opinion that it would be appropriate to withdraw the Petition filed by the Non-Applicant and transfer the same to the learned Judge, Family Court, Amravati. Even otherwise, it is the settled law that while considering the Application for transfer of the Proceedings, convenience of wife is required to be taken into consideration.

..A..

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(6) Accordingly, I pass the following order:-

(a) The Application is allowed .

(b) The Proceedings bearing Petition No. A/193/2024 (Anup Deepak Manwar vs. Manjusha Anup Manwar) pending on the file of learned Judge, Family Court No. 3, Nagpur is hereby withdrawn and transferred to the file of learned Judge, Family Court at Amravati.

(c) Learned Principal Judge, Family Court, Nagpur is requested to facilitate the transfer.

The Application stands disposed of .

(M.S. JAWALKAR, J.)

Signed by: A.P. ANSARI ..A.. Designation: PS To Honourable Judge Date: 09/04/2025 17:29:15