Asmita Rajesh Hoble Vs Rajesh Ramnath Hoble — Domestic Violence | Bombay HC (2025)

Asmita Rajesh Hoble Vs Rajesh Ramnath Hoble — Domestic Violence | Bombay HC (2025)

What the court decided

AI extract

Outcome

Transfer of Matrimonial Petition No. 17/2018/B from the Civil Judge Senior Division, Vasco Da Gama to the Court of Civil Judge Senior Division, Merces (Tiswadi), Goa; records and proceedings to be remitted preferably within 20 days; hearing listed for 29.07.2025 deferred; disposal by the Merces Court preferred within six months of receipt of the file; writ of the order to be forwarded by the Registry to both concerned Courts.

Issue for consideration

Whether the matrimonial petition pending before the Civil Judge Senior Division, Vasco Da Gama (No. 71/2018/A per the cause-title paragraph, referenced as No. 17/2018/B in the operative paragraphs) ought to be transferred to the Court of the Civil Judge Senior Division at Merces, Tiswadi Taluka. +1 more

Court's answer

Matrimonial Petition No. 17/2018/B on the file of the Civil Judge Senior Division at Vasco Da Gama shall stand transferred to the file of the Court of Civil Judge, Senior Division, Merces, Tiswadi, Goa (per paragraph 5, until its disposal).

Ratio / Principle

Because the PWDVA case is pending before the same Court (functioning as Judicial Magistrate First Class at Tiswadi, Merces, Goa), it is advantageous to the contesting parties that both matters be decided by one Court.

Key takeaways

The Civil Court at Vasco shall take all steps necessary to transfer the Records and Proceedings of the suit to the Court at Merces, Tiswadi, Goa, preferably within 20 days.ratio¶24
The Civil Court at Vasco Da Gama is requested to defer the hearing (the suit being listed on 29.07.2025) and remit the concerned file to the Court at Merces, Tiswadi, Goa.ratio¶25
The Court at Merces may decide the Matrimonial Petition No. 17/2018/B as expeditiously as possible, and preferably within a period of six months from the date of receipt of the file from the Vasco Court.

Detailed headnote1 paragraphs

High Court of Bombay at Goa (Valmiki Menezes, J., 16-07-2025) allowed Transfer Application No. 4 of 2025 filed by Asmita Rajesh Hoble, the wife (represented under the Free Legal Aid Scheme), seeking transfer of the matrimonial petition filed by her husband Rajesh Ramnath Hoble before the Civil Judge Senior Division, Vasco Da Gama (numbered 71/2018/A in paragraph 2 of the order, but 17/2018/B in the operative paragraphs) to the Civil Judge Senior Division at Merces, Tiswadi Taluka. The wife resides at Chimbel and her PWDVA proceedings No.12/2021/B are pending before the JMFC 'B' Court at Panaji, which is also the Court handling Tiswadi matrimonial petitions; since both matters would then be before one Court, the Court held consolidation advantageous, ordered the transfer until disposal, directed remittance of records preferably within 20 days, asked the Vasco Court to defer the hearing fixed for 29.07.2025, and preferred disposal within six months of receipt of the file. Application disposed of in those terms.

(40) XFA 4.2025

2025:BHC-GOA:1263

Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

TRANSFER APPLICATION NO. 4 OF 2025

ASMITA RAJESH HOBLE … Applicant

Versus

RAJESH RAMNATH HOBLE …Respondent

Mr. Pavithran Vilas Govindan, Advocate for the Applicant under the Free Legal Aid Scheme.

Mr. Prasad Dessai, Advocate for the Respondent.

CORAM : VALMIKI MENEZES, J. DATED : 16^TH JULY, 2025.

P.C.:

Registry to waive objections and register the matter.

This is a transfer application seeking transfer of Matrimonial Petition No. 71/2018/A, on the file of the Civil Judge Senior Division, Vasco Da Gama, to an appropriate Court in Tiswadi Taluka i.e. the Court of Civil Judge Senior Division at Merces. The Petitioner is the wife of the Respondent / original Petitioner in Matrimonial Petition before the Vasco Court.

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16^th July, 2025

(40) XFA 4.2025

It is a matter of record that the Matrimonial proceeding is at the stage of recording the Petitioner's / Original Respondent’s evidence. It is not in dispute that the Petitioner/ Wife resides at Chimbel and has instituted a proceedings under Protection of Women from Domestic Violence Act (PWDVA) No.12/2021/B, pending before the Judicial Magistrate First Class (JMFC), ‘B’ Court at Panaji, which is incidentally also the Court of Civil Judge Senior Division dealing with Matrimonial Petitions for the Tiswadi Taluka. In the PWDVA proceedings, the Petitioner/Wife seeks an order of protection. The case has been contested by the Respondent / Husband.

The Petitioner/Wife claims that she is not financially well off and in both proceedings, before the Civil Judge Senior Division at Vasco Da Gama as well as in the PWDVA case before the Judicial Magistrate First Class at Merces, is represented by an Advocate appointed under the Free Legal Aid Scheme. So also, this transfer petition has been filed using and Advocate under the Legal Aid Scheme.

In view of these facts, it will be appropriate that the Matrimonial Petition No. 17/2018/B in which the Petitioner's evidence is now being recorded be transferred to the file of Civil Judge Senior Division 'B' Court at Merces until its disposal.

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(40) XFA 4.2025

Considering that the PWDVA case is pending before the same Court which act as Judicial Magistrate First Class at Tiswadi, Merces, Goa, it would be advantageous to the contesting parties that the matters are decided by one Court. Consequently, I pass the following order.

(a) Matrimonial Petition No. 17/2018/B on the file of the Civil Judge Senior Division at Vasco Da Gama shall stand transferred to the file of the Court of Civil Judge, Senior Division, Merces, Tiswadi, Goa. The Civil Court at Vasco shall take all steps necessary to transfer the Records and Proceedings of this suit to the Court at Merces, Tiswadi, Goa, preferably within 20 days from today.

Considering that the evidence of the Petitioner will be recorded in this suit, which is now listed on 29.07.2025, the Civil Court at Vasco Da Gama is requested to defer the hearing and remit the concerned file to the Court at Merces, Tiswadi, Goa which may decide the Matrimonial Petition No. 17/2018/B as expeditiously as possible and preferably within a period of six months from the date of receipt of file from the Vasco Court. The Registry to forward a writ of this order to both the concerned Courts to act on the same.

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16^th July, 2025

(40) XFA 4.2025

The application stands disposed of in the above terms.

VALMIKI MENEZES, J.

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16^th July, 2025