Sou. Aarti W/O Ravi @Ravindra Villeekar vs Shri Ravi… — Domestic Violence | Bombay HC (2025)

Sou. Aarti W/O Ravi @Ravindra Villeekar vs Shri Ravi… — Domestic Violence | Bombay HC (2025)

What the court decided

AI extract

Outcome

Misc. Civil Application allowed in terms of prayer clause (i), permitting the proceedings to be transferred as prayed; the Applicant is directed to ensure that Hindu Marriage Petition No. 147/2023 and the proceedings under the Domestic Violence Act are kept for hearing on the same date; the application thereafter stands disposed of in those terms.

Issue for consideration

Whether the Hindu Marriage Petition No. 147/2023 filed by the Respondent/husband before the Civil Judge Senior Division, Mangrulpir should be transferred, the Applicant-wife having no independent income and claiming prejudice if required to attend at Mangrulpir while her proceedings under the Protection of Women from Domestic Violence Act, 2005 are pending at Daryapur.

Court's answer

Absence of the Respondent/husband despite service indicated no inclination to oppose the Application, and the Applicant's contention accordingly went unchallenged.

Ratio / Principle

The Court found substance in counsel's contention that if the Applicant were required to attend the proceedings at Mangrulpir, prejudice may be caused to her defence in those proceedings.

Key takeaways

Since the wife's proceeding under the Domestic Violence Act is already pending against the husband at Daryapur, District Amravati, no prejudice would be caused to the husband by allowing the Application.ratio¶16

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (R. M. Joshi, J.) allowed, unopposed, Misc. Civil Application (Transfer) No. 574/2024 by which the Applicant-wife, a resident of Daryapur (Dist. Amravati) without independent income and dependent on her parents, sought transfer of Hindu Marriage Petition No. 147/2023, filed by her husband under the Hindu Marriage Act, 1955 before the Civil Judge Senior Division, Mangrulpir (Dist. Washim). Though served, the Respondent did not appear, and the Applicant's contention went unchallenged. The Court held that requiring the wife to attend at Mangrulpir may prejudice her defence in those proceedings, and that no prejudice would result to the husband because her proceedings under the Protection of Women from Domestic Violence Act, 2005 were already pending at Daryapur (Dist. Amravati). The Application was allowed in terms of prayer clause (i), and the Applicant was directed to ensure that both sets of proceedings are kept for hearing on the same date.

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

MISC. CIVIL APPLICATION (TRANSFER) NO. 574 OF 2024

Sou. Aarti w/o Ravi @ Ravindra Villekar

… APPLICANT

Versus

Ravi @ Ravindra s/o Nandu Villekar … RESPONDENT

Mr. V. S. Gokhale, Advocate h/f Mr. R. J. Shinde, Advocate for Applicant. None for the Respondent.

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

ORDER

. Heard Mr. V. S. Gokhale, learned Counsel appearing for the Applicant. None appeared for the Respondent, though served.

The Applicant is wife resident of Daryapur, District Amravati. 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. 147/2023 before the Civil Judge Senior Division, Mangrulpir, District Washim.

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

2/2 63.mca.574.2024.odt

from this, it is his submission that proceedings filed under the provisions of Protection of Women from Domestic Violence Act, 2005 against the Respondent/husband are pending in the Court at Daryapur, District Amravati, and as such, no prejudice will cause to the Respondent/husband, if the proceedings are transferred as prayed.

Absence of the Respondent/husband indicates that he has no inclination to oppose the Application. The contention of the Applicant has gone unchallenged. This Court finds substance in the contention of learned Counsel that if the Applicant is called upon to attend the proceedings at Mangrulpir, 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 Daryapur, District Amravati and as such no prejudice will cause to the husband, if application is allowed.

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

The Applicant is directed to ensure that the proceedings of Hindu Marriage Petition No. 147/2023 and the proceedings under the Domestic Violence Act are kept for hearing on the same date.

Misc. Civil Application stands disposed of in above terms.

(R. M. JOSHI, J.)

vijaya

Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 18/06/2025 19:37:50