(1) 20 mca 895-2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MISC.CIVIL APPLICATION NO. 895 OF 2024 Sonu D/o Vasantrao Kadasane VERSUS Umakant S/o Khusalsingh Thakur -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------- Mr. H.H. Jichkar, Advocate for applicant Mr. N.R. Tiknayat, Advocate h/f Mr. A.P. Joshi, Advocate for non-applicant CORAM : NANDESH S. DESHPANDE, J. DATED : 04.09.2026 This is an application under Section 24 of the Code of Civil Procedure, seeking transfer of proceedings bearing petition-A No. 892/2023, filed by the non- applicant/respondent under Section 11 and 12 of the Hindu Marriage Act, which is pending before the Principal Judge, Family Court, Nagpur, to the Court of Civil Judge, Senior Division, Pandharkawda, District Yavatmal. 2. Initially, when confronted, the parties are ad idem that the proceedings, if transferred, are to be transferred to the Civil Judge, Senior Division at Wani, which has now been established during the pendency of the present application. As stated supra, the wife, i.e., the applicant herein seeks transfer of the petitions pending at Nagpur. As can be seen from the averments made in the (2) 20 mca 895-2024 application that even though initially the wife, i.e., the applicant herein appeared before the Court at Nagpur in the said petition, she did not move this Court, and only when a permission to file written statement application was allowed on 21.02.2024, she permitted the matter to be proceeded and when the matter was fixed at the stage of judgment, the present application was filed on 04.10.2024. Considering the urgency, this Court granted interim relief thereby staying the proceedings before the Family Court at Nagpur, which admittedly were at the stage of judgment. 3. In the backdrop of these facts, the application is taken for consideration. The learned Counsel for the applicant persuades me that in view of the settled proposition of law, that while transferring an application under Section 24 of the C.P.C., the convenience of the wife has to be seen, submits that the proceedings pending at Nagpur deserve to be transferred to the Competent Court at Wani. 4. The learned Counsel for the non-applicant, however, opposes the said contention. He submits that the matter has been dragged by the applicant wife, and only when the matter was fixed for judgment, the present application was moved and the proceedings are stayed. He also submits that he is ready to bear the expenses of the applicant wife for her travel from Wani to Nagpur. 5. As far as judgment of the Hon’ble Apex Court in the case of N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha, reported in 2022 SCC OnLine SC 1199, there cannot be any (3) 20 mca 895-2024 dispute about this proposition. However, looking to the peculiar facts and circumstances of the case, the request for transfer is rejected. In the said matter, the settled principle of law is enunciated in paragraph No. 9 of the said judgment. However, the facts in the present matter are entirely different, and looking at the conduct of the wife, the request for transfer is rejected. 6. The non-applicant herein, i.e. the husband, to pay her expenses of Rs.1,000/- per trip when the wife applicant actually comes to Nagpur to attend the Court proceedings physically. 7. With these directions, the application is disposed of. 8. The applicant is granted liberty to appear through video conferencing on such dates after seeking leave of the Court. (NANDESH S. DESHPANDE, J.) Jayashree.. Signed by: Mrs. Jayashree Pethe Designation: PA To Honourable Judge Date: 07/09/2026 19:27:06