Allowed¶16

Yogita Avinash Machpalle v. Avinash Vitthal Machpalle

Bombay HC17 Jan 2026MCA/189/2024

Case brief

AI extract

What is this about?

BHC-AUG (Aurangabad) | MCA 189/2024 | Yogita Avinash Machpalle v. Avinash Vitthal Machpalle | transfer of divorce Petition B-31/2021 (Sec. 12, Hindu Marriage Act) from Family Court, Nashik to Family Court, Latur | ground: wife-applicant's convenience, no source of income | parallel maintenance case E-216/2021 under Sec. 125 Cr.P.C. pending at Latur | application allowed | Coram: Y.G. Khobragade, J. | decided 17.01.2026.

What did the court decide?

Petition No. B-31/2021 withdrawn from the file of Family Court, Nashik and transferred to the file of Family Court, Latur. ¶16

Yogita Avinash Machpalle vs Avinash Vitthal Machpalle — Maintenance and Alimony | Bombay HC (2026)

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2026:BHC-AUG:2250

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( 1 ) 916 mca 189.24

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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916 MISC.CIVIL APPLICATION NO. 189 OF 2024

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YOGITA AVINASH MACHPALLE VERSUS AVINASH VITTHAL MACHPALLE

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Advocate for Applicant : Mr. Patil Nileshsingh J. (ABSENT)

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CORAM : Y.G. KHOBRAGADE, J. DATE : 17.01.2026

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P.C.:-

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None appeared for the applicant. Despite service the nonapplicant remained absent.

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By the present application, the applicant/wife is seeking transfer of Petition No. B-31/2021 from the file of learned Family Court, Nashik to the file of learned Family Court, Latur. It is the contention of the applicant that on 20.06.2021 her marriage was solemnized with the non-applicant, however, subsequently she was ill-treated at the hands of the non-applicant and due to strained matrimonial relations she came back to reside at her parental house. Thereafter, she has filed proceeding E-216/2021 under Section 125 of the Cr.P.C. before the Family Court, Latur and prayed for maintenance. However, her husband/non-applicant has filed Petition No.B-31/2021 before the Family

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( 2 ) 916 mca 189.24

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Court, Nashik under Section 12 of the Hindu Marriage Act and prayed for decree of divorce. Since, she is having no source of income and it is not convenient for her to travel from her parental house to Nashik to attend the said proceeding, therefore, she prayed for transfer of said proceeding to the Family Court, Latur.

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Considering the nature of petition and the convenience of the applicant/wife, it would be just and proper to withdraw the Petition No.B31/2021 from the file of the learned Family Court, Nashik and transfer it to the file of the learned Family Court, Latur.

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In view of above discussion, I am inclined to grant the present application and proceed to pass the following order:

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ORDER:

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i) MCA No.189/2024 is allowed.

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ii) Petition No.B-31/2021 is hereby withdrawn from the file of Family Court, Nashik and it is transferred to the file of Family Court, Latur.

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[Y.G. KHOBRAGADE, J.]

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mubashir

Yogita Avinash Machpalle v. Avinash Vitthal Machpalle

Case brief

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Yogita Avinash Machpalle v. Avinash Vitthal Machpalle

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