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2026 DAILYLAW 17899 (BOM)

SAU. TRUPTI NARENDRASINGH GAHALOT v. NARENDRASINGH MAHAVIRSINGH GAHILOT

MCA/67/2026 · 2026-10-09

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Judgment text

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1 / 3 16.mca67.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MIS. CIVIL APPLICATION (Tr.) NO. 67 OF 2026 SAU. TRUPTI NARENDRASINGH GAHALOT VS NARENDRASINGH MAHAVIRSINGH GAHILOT ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------- Mr. Sagar Katkar, Advocate for applicant. CORAM : NANDESH S. DESHPANDE, J. DATE : 09.10.2026 Heard Mr. Katkar, learned counsel for the applicant. None appears on behalf of the respondent, though duly served. 2. This is an application under Section 24 of the Code of the Civil Procedure, 1908, seeking transfer of petition bearing HMP No.147/2024 filed by the respondent under Section 9 of the Hindu Marriage Act, and which is pending before the learned 2nd Joint Civil Judge Senior Division, Bhusawal to the Family Court at Akola. 3. As can be seen from the averments in the application that the marriage between the parties was solemnized on 02.12.2020 and a baby girl was born out of the wedlock on 03.02.2022. Since, there Prity 2 / 3 16.mca67.2026 were some disagreement between the parties, the petitioner-wife chose to file a domestic violence proceedings before the Chief Judicial Magistrate at Akola bearing, Criminal Misc. Application No.23/2024. The said criminal miscellaneous application is still pending. 4. In the backdrop of these facts, the respondent/husband filed an application under Section 9 of the Hindu Marriage Act in the Court of Joint Civil Judge Senior Division, Bhusawal, the said proceedings were filed for restitution of conjugal rights. 5. In the backdrop of these facts, the present application is moved seeking transfer of proceedings from Bhusawal to the Family Court at Akola. 6. Mr. Katkar, learned counsel for the applicant, would submit that the applicant is a housewife and has a young daughter aged about four years. He, therefore, submits that it would be inconvenient for her to travel from Akola to Bhusawal. 7. In view of the settled position of law that while seeking transfer, the convenience of the wife has to be seen, the present application is allowed in Prity 3 / 3 16.mca67.2026 terms of prayer clause (a), which is reproduced as under : “(a) Transfer the petition bearing H.M.P. No.147 of 2024 filed by the Respondent under Section 9 of the Hindu Marriage Act, pending before the 2nd Joint Civil Judge, Senior Division, Bhusawal to the Family Court, Akola.” 8. The miscellaneous civil application is disposed of accordingly. [ NANDESH S. DESHPANDE, J. ] Prity Signed by: Mrs. Prity Gabhane Designation: PA To Honourable Judge Date: 12/10/2026 18:04:39