Allowed¶23

Sau. Kavita W/O Arun Sutar @ Smt. Kavita Shrihari Manusmare v. Shri. Arun Dhondiram Sutar

Bombay HC8 Jan 2026MCA/839/2025

Case brief

AI extract

What is this about?

Transfer of Special Marriage Application No.3/2025; wife's convenience; distance about 600 km between Warora (Chandrapur) and Sindhudurg; no regular transport; travel with 12-year-old daughter; no independent source of earning; averments on affidavit not controverted; non-applicant served but unrepresented; transfer allowed, no costs; Bombay High Court Nagpur Bench; MCA 839/2025; Pravin S. Patil, J.; decision dated 08.01.2026.

What did the court decide?

Special Marriage Application No.3/2025 transferred from District Judge-1 and Additional Sessions Judge, Sindhudurg-Orosh to District Judge-1, Warora, District-Chandrapur; District Judge-1, Sindhudurg-Orosh directed to transfer the record and proceedings to District Judge-1, Warora, District-Chandrapur; no costs. ¶23

Sau. Kavita W/O Arun Sutar @ Smt. Kavita Shrihari Manusmare vs Shri. Arun Dhondiram Sutar — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶23

Issue for consideration

Whether the proceeding bearing Special Marriage Application No.3/2025 should be transferred from the file of District Judge-1 and Additional Sessions Judge, Sindhudurg-Orosh to the District Judge-1, Warora, District-Chandrapur, on the grounds of distance (about 600 km), absence of regular transport, and the applicant's personal circumstances (12-year-old daughter, no independent source of earning).

¶17

Court's answer

All the averments made in the transfer application, which were made on affidavit, were not controverted by the non-applicant.

¶20

Ratio / Principle

Considering the peculiar facts and circumstances of the matter (distance of about 600 km, absence of regular transport, the applicant's 12-year-old daughter and lack of independent source of earning), the applicant has made out a case for transfer of the proceeding from Sindhudurg-Orosh to Warora.

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Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Pravin S. Patil, J.; decision dated 08.01.2026) in Misc. Civil Application [TR] No.839 of 2025. The applicant-wife sought transfer of Special Marriage Application No.3/2025 from the file of the District Judge-1 and Additional Sessions Judge, Sindhudurg-Orosh to the District Judge-1, Warora, District-Chandrapur, on the grounds that Sindhudurg is about 600 km from her residence at Warora, that no regular transport is available on that route, that she would have to begin her journey a day before each date along with her 12-year-old daughter, and that she has no independent source of earning. The averments, made on affidavit, were not controverted; the non-applicant was served (by registered post and regular mode) but did not appear. Held, considering the peculiar facts and circumstances, the applicant made out a case for transfer; the application was allowed with no costs, and the District Judge-1, Sindhudurg-Orosh was directed to transfer the record and proceedings to the District Judge-1, Warora, District-Chandrapur.

¶1

2026:BHC-NAG:270

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1 MCA 839.25

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

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MISC. CIVIL APPLICATION [TR] NO.839 OF 2025

¶5

Sau. Kavita w/o Arun Sutar @ Smt. Kavita Shrihari Manusmare Aged about 49 years, Occupation-Housewife, R/o. C/o. Nitin Shrihari Manusmare, Azad Ward, Warora, Tq. Warora, District-Chandrapur.

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.. Applicant

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..Versus..

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Shri Arun Dhondiram Sutar, Aged about 54 years, Occupation-Service, R/o. House No.1702/102, Vrindavan Apartment, Banda, Tq. Sawantwadi, District-Sindhdurg. .. Non-Applicant

¶9

Shri S.N. Singh, Advocate for Applicant. None for Non-Applicant though served.

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CORAM : PRAVIN S. PATIL, J. DATED : 08.01.2026.

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JUDGMENT

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By this application, the applicant is seeking the transfer

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of the proceeding bearing Special Marriage Application

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2 MCA 839.25

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No.3/2025 from the file of District Judge-1 and Additional Sessions Judge, Sindhudurg-Orosh to the District Judge-1, Warora, District-Chandrapur.

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In response to this application, this court by order dated 25.11.2025, issued notice to the non-applicant. The applicant was directed to serve the non-applicant by all permissible private mode of service in addition to the regular mode of service. Accordingly, the affidavit is filed on record by the applicant stating that the applicant has served the nonapplicant by registered post. The office note further shows that by regular mode also the non-applicant is served, but no one is appeared on behalf of the non-applicant in the matter.

¶17

In the present case, the transfer of the proceeding is sought mainly on the ground that the distance between the residence of applicant to Sindhudurg is near about 600 km. The applicant is having a daughter of 12 years old and there is no one to look after her family at her place at Warora. It is further pointed out that she is not having independent source of earning and, therefore, it will be difficult for her to attend the

¶18

3 MCA 839.25

¶19

proceeding from Warora to Sindhudurg which is at a distance of 600 km.

¶20

The applicant further pointed out that there is no regular transport available from Warora to Sindhudurg. It is also pointed out that, for attending the proceeding, she will have to start journey day before the date along with her 12 years old daughter. There will be problem for her stay at Sindhudurg. As such, it will be great inconvenience to her. For all these reasons, the applicant is seeking the transfer from Sindhudurg to Warora. All the averments made in the application are not controverted in the matter. All the averments are made on the affidavit.

¶21

Therefore, in my view, considering this peculiar fact and circumstances of the matter, the applicant has made out a case for transfer of the proceeding from Sindhudurg-Orosh to Warora. Hence, I proceed to pass the following order :

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O R D E R

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(1) The application is allowed.

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(2) The proceeding bearing Special Marriage Application No.3/2025 is hereby transferred from District

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4 MCA 839.25

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Judge-1 and Additional Sessions Judge, Sindhudurg-Orosh to District Judge-1, Warora, District-Chandrapur.

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(3) The District Judge-1, Sindhudurg-Orosh is directed to transfer the record and proceedings of Special Marriage Application No.3/2025 to the District Judge-1, Warora, District-Chandrapur.

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(4) No costs.

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(Pravin S. Patil, J.)

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Gulande

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Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 09/01/2026 16:39:54

Sau. Kavita W/O Arun Sutar @ Smt. Kavita Shrihari Manusmare v. Shri. Arun Dhondiram Sutar

Case brief

What is this about?

What did the court decide?

Sau. Kavita W/O Arun Sutar @ Smt. Kavita Shrihari Manusmare v. Shri. Arun Dhondiram Sutar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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