Smt. Kajal Amol Nandgawali Vs Amol Madhukar Nandagawali — Bombay HC (2025) — LawSathi Research

Smt. Kajal Amol Nandgawali Vs Amol Madhukar Nandagawali — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; Marriage Petition No.A/113/2023 withdrawn from the file of the Joint Civil Judge Senior Division, Bhandara and transferred to the Principal Judge, Family Court, Nagpur; Principal District Judge, Bhandara requested to facilitate the transfer.

Issue for consideration

Whether Marriage Petition No.113/2023 pending before the Joint Civil Judge Senior Division, Bhandara should be transferred to the Family Court, Nagpur, given the applicant's apprehension of danger to her life if required to attend at Bhandara.

Court's answer

Attending the matter at Family Court, Nagpur would cause no inconvenience to the respondent, whereas the applicant apprehends danger to her life if required to attend at Bhandara.

Ratio / Principle

Marriage Petition No.A/113/2023 pending before the learned Joint Civil Judge Senior Division, Bhandara is withdrawn and transferred to the learned Principal Judge, Family Court, Nagpur.

Key takeaways

The learned Principal District Judge, Bhandara is requested to facilitate the transfer proceeding.ratio¶19

Detailed headnote1 paragraphs

Transfer application allowed. The wife-applicant alleged physical and mental harassment by the husband-respondent and his family members; after her brother received her at Police Station Bhandara in July 2022 she has resided at her parents' house, and a complaint lodged at Wadi Police Station was registered on 25.08.2022 under Sections 498-A, 323, 504 read with Section 34 of the Indian Penal Code. Submitting she is emotionally and financially dependent on her parents and apprehending danger to her life if required to attend Bhandara, she sought transfer of Marriage Petition No.113/2023 filed by the respondent before the Joint Civil Judge Senior Division, Bhandara. The Court, finding no inconvenience to the respondent in attending at Nagpur, withdrew the Marriage Petition from Bhandara and transferred it to the Principal Judge, Family Court, Nagpur, requesting the Principal District Judge, Bhandara to facilitate the transfer.

1 917 mca 86-2025

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

MISC. CIVIL APPLICATION (TR.) NO.86/2025

Smt. Kajal Amol Nadgawali Vs. Amol Madhukar Nandgawali

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

Ms Jayanti A. Deshpande, Advocate for applicant

CORAM : SMT. M.S. JAWALKAR, J. DATED : 28.03.2025

In spite of service none for the respondent.

The reply is filed by the respondent.

I have considered the contention of the applicant as well as reply placed on record. Respondent herein filed Marriage Petition No.113/2023 before the Joint Civil Judge Senior Division, Bhandara. The marriage between applicant and respondent was solemnized on 23.01.2022. It is contention of the applicant that she was physically as well as mentally harassed by the respondent and his family members. She was constrained to file complaint at Bhandara Police Station. Brother of applicant came to receive her at Police Station Bhandara in July 2022 and since then she is residing at her parents house.

It is her contention that she is emotionally as well as financially depends on her parents. The applicant herein lodged complaint at Wadi Police

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Station, which was registered on 25.08.2022 under Sections 498-A, 323, 504 read with Section 34 of the Indian Penal Code.

In view of the complaint, she submits that she is apprehensive that if she is required to attend Bhandara, there is every likelihood of danger to her life.

As against this, there would not be any inconvenience to the respondent to attend the matter at Family Court, Nagpur. As such, I proceed to pass the following order:

ORDER

i) The application is allowed. ii) The Marriage Petition No.A/113/2023 pending on the file of learned Joint Civil Judge Senior Division, Bhandara, is hereby withdrawn and transferred to the learned Principle Judge Family Court, Nagpur.

iii) The learned Principal District Judge, Bhandara, is requested to facilitate the transfer proceeding.

The application is disposed of accordingly.

JUDGE

R.S. Sahare