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2026 DAILYLAW 7086 (BOM)

SAU. CHETNA W/O VIJENDRA MASKE v. VIJENDRA GANGAPRASAD MASKE

MCA/195/2026 · 2026-09-04

body2026

Judgment text

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(1) 25 mca 195-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MISC.CIVIL APPLICATION NO. 195 OF 2026 Sau. Chetna W/o Vijendra Maske VERSUS Vijendra Gangaprasad Maske -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------- Mr. A.S. Patrikar and Mr. S.S. Chopde, Advocates for applicant. Ms Neha Agrawal, Advocate for non-applicant. CORAM : NANDESH S. DESHPANDE, J. DATED : 04.09.2026 The present application filed under Section 24 of the Code of Civil Procedure prays for transfer of Petition No. 186/2024 from the 2nd Joint Civil Judge, Senior Division, Hinganghat, District Wardha to the Family Court, Amravati. 2. The application filed by the applicant-wife states that there are proceedings filed under the Domestic Violence Act at her instance and also a criminal prosecution pends for offence punishable under Section 498-A of the IPC. He also submits that the distance between the two places, i.e., Hinganghat and Amravati, is about 165 kms and there is a female child, aged about 4 years. He, therefore, submits that it would be inconvenient for the applicant-wife to travel on each and every date at Amravati. (2) 25 mca 195-2026 3. Learned Counsel for the non-applicant-husband counters the said condition. She submits that the applicant- wife has been granted maintenance in terms of Section 24 of the Hindu Marriage Act and, therefore, it would be well within her reach to travel to Amravati. 4. Having considered the contentions canvassed by the learned Counsel for the respective parties, I am of the considered opinion that the application needs to be allowed. In view of the settled law for transfer, convenience of the wife has to be seen. The facts in this matter are more or less uncontroverted. The distance between the two places, the fact that the female child of 4 years is with the applicant- wife, and the proceedings under the Domestic Violence Act and 498-A of the IPC are pending at Amravati, the application is allowed. 5. The Petition No. 186/2024 pending before the Civil Judge, Senior Division, Hinganghat, District Wardha, stands transferred to the Competent Court at Amravati. 6. The application is allowed and disposed of in the above terms. 7. The fees of the appointed Counsel through the Legal Aid be quantified as per the Rules. (NANDESH S. DESHPANDE, J.) Jayashree.. Signed by: Mrs. Jayashree Pethe Designation: PA To Honourable Judge Date: 08/09/2026 18:13:55