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2024 DAILYLAW 2457 (BOM)

SNEHA SAMIR DESHMUKH v. SAMIR DILIPRAO DESHMUKH

MCA/1090/2024 · 2026-09-04

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Judgment text

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(1) 33 mca 1090-2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MISC.CIVIL APPLICATION (Tr.) NO. 1090 OF 2024 Sau. Sneha Samir Deshmukh VERSUS Samir Diliprao Deshmukh -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------- Ms Vaishnavi Mankar, Advocate h/f Mr. U.J. Deshpande, Advocate for applicant. Mr. D.S. Khushalani, Advocate for non-applicant. CORAM : NANDESH S. DESHPANDE, J. DATED : 04.09.2026 Heard Ms Mankar, learned Counsel for the applicant. 2. Mr. Khushlani appears through Video Conferencing. 3. This is an application under Section 24 of the CPC seeking transfer of Petition A/1326/2023 filed by the non-applicant-husband under Section 13 of the Hindu Marriage Act seeking divorce. The application seeks transfer of the said proceedings to the Family Court at Akola where the applicant-wife has filed certain proceedings for domestic violence and for restitution. 4. Mr. Khushlani, learned Counsel, however, opposes the request. He submits that the domestic violence proceedings are already dismissed on 10.10.2025. (2) 33 mca 1090-2024 5. As far as the dismissal in default is concerned, the learned Counsel for the applicant submitted she has already filed an application for restoring the same. It is submitted that the applicant-wife is a homemaker and is at the mercy of her parents and there is no financial resource so as to enable her to travel from Akola to Pune. 6. In that view of the matter, and in view of the settled law that while transferring, convenience of the wife has to be seen, the application is allowed in terms of prayer Clause (a) as below: “(a) Petition A/1326/2023 filed by the non- applicant-husband under Section 13 of the Hindu Marriage Act, 1955 pending in the Court of Family Court Judge, Pune is transferred to the Family Court, Akola for trial in accordance with law.” (NANDESH S. DESHPANDE, J.) Jayashree.. Signed by: Mrs. Jayashree Pethe Designation: PA To Honourable Judge Date: 08/09/2026 10:56:09