Allowed¶24

Siya W/O Roshankumar Gangwani v. Roshankumar Vijaykumar Gangwani

Bombay HC17 Jan 2025MCA/988/2024

Case brief

AI extract

What is this about?

Bombay High Court, Nagpur Bench; Misc. Civil Application (Tr.) No.988 of 2024; decided 09.06.2025 by Vrushali V. Joshi, J.; transfer of matrimonial suit on grounds of convenience of wife; Hindu Marriage Petition No.35/2024 shifted from Civil Judge, Senior Division, Nandurbar to Family Court, Amravati; applicant is housewife without income residing at Amravati; domestic violence and maintenance proceedings already pending at Amravati; non-applicant husband absent despite service; no costs awarded.

What did the court decide?

Transfer of Hindu Marriage Petition No.35/2024 from the file of the Civil Judge, Senior Division, Nandurbar to the Family Court, Amravati; application disposed of with no order as to costs. ¶24

Siya W/O Roshankumar Gangwani vs Roshankumar Vijaykumar Gangwani — Bombay HC (2025) — LawSathi Research

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2025:BHC-NAG:5282

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32 mca tr. no.988.24.odt..odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

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MISC. CIVIL APPLICATION (TR.) NO.988 OF 2024

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Mrs. Siya w/o Roshankumar Gangwani (Vs.)

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Shri Roshankumar Vijaykumar Gangwani

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

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and Registrar's Orders.

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Mr. Niraj M. Shukla, Advocate for the applicant.

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CORAM : MRS. VRUSHALI V. JOSHI, J. DATE : 09.06.2025

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The applicant is the wife of nonapplicant. She is residing at Amravati with her two children. Two petitions are pending before Amravati Court. One for domestic violence and another for maintenance. After receiving the notice of domestic violence case the non-applicant has filed divorce petition at Nandurbar.

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Counsel for the applicant has stated that it is difficult for the applicant to attend the divorce proceedings at Nandurbar. She is a housewife and she has no source of income. As such it is not

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32 mca tr. no.988.24.odt..odt

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possible for her to attend the proceedings at Nandurbar.

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I have heard learned Advocate for the applicant. Perused the record and proceedings. 4. Though the non-applicant is served, he is not present. The non-applicant is attending the proceedings before Amravati Court where already two proceedings are pending.

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The wife has placed on record the difficulties she is likely to be faced, in case, she is required to attend the court at Nandurbar alone.

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In the facts and circumstances, I am of the view that the petition filed against the wife in the Court at Nandurbar deserves to be transferred to Family Court, Amravati.

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