(1) 22 mca 119-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MISC.CIVIL APPLICATION NO. 119 OF 2026 Pragati W/o Ajay Mishra (pragati D/o Rameshchandra Tiwari) VERSUS Ajay S/o Harihar Mishra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------- Ms Neha Agrawal, Advocate for applicant. None for non-applicant. CORAM : NANDESH S. DESHPANDE, J. DATED : 04.09.2026 Heard learned Counsel for the applicant. 2. Nobody appears for the non-applicant, though served. As can be seen from the record, an attempt for mediation has already failed. Today also, nobody appears for the non-applicant. 3. The present application filed under Section 24 seeks transfer of the Petition HMP No. 182 of 2025, which is pending before the Civil Judge, Senior Division, Achalpur to Civil Judge, Senior Division, Akola. As can be seen from the record, that the non-applicant husband has filed, petition under Section 9, bearing Petition No. 182 of 2025, before the Civil Judge, Senior Division, Achalpur. The said proceedings are sought to be transferred at Competent Court (2) 22 mca 119-2026 at Akola where the applicant wife has filed proceedings under the Domestic Violence Act. 4. It is the contention of the learned Counsel for the applicant that she was left with no alternative but to leave the company of the applicant, due to constant harassment meted out to her. It is also submitted that only because the applicant wife chosen to file proceeding under the Domestic Violence Act, as a counterblast, petition under Section 9 of the Hindu Marriage Act came to be filed by the non- applicant. It is also submitted that the distance between the two places is far enough, and the average travel time is 2 hours and 30 minutes. It is also submitted that there is no earning member in the applicant's family, and therefore the transfer is sought. 5. In view of the settled law that for seeking transfer, the convenience of the wife is to be seen, and there is no rebuttal to the averments made in the application, the application is allowed in terms of prayer clause - (i). “i) allow this application and transfer the Petition HMP No. 182/2025 is pending before Ld. Civil Judge, Senior Division, Achalpur to Ld. Civil Judge, Senior Division, at Akola” 6. The application is disposed of. 7. Fees of the appointed Counsel be quantified as per the Rules. (NANDESH S. DESHPANDE, J.) Jayashree.. Signed by: Mrs. Jayashree Pethe Designation: PA To Honourable Judge Date: 07/09/2026 19:27:39