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Sau. Manjusha W/O Anand Shinde vs Anand S/O Waman Shinde on 16 January, 2019

1 921-MCA-864-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION NO. 864 OF 2018

SAU. MANJUSHA W/O ANAND SHINDE
Vrs.
ANAND S/O WAMAN SHINDE
——————————————————————————————————–
Office Notes, Office Memoranda of Court’s or Judge’s Order
Coram, appearances, Court’s Orders
or directions and Registrar’s order
———————————————————————————————————
Shri S. D. Paliwal, Advocate for applicant.

CORAM:- ARUN D. UPADHYE, J.
DATED :- 16/01/2019.

Heard Shri Paliwal, learned counsel for the
applicant. The respondent is served, but not appeared.
Shri Paliwal, learned counsel for the applicant
has submitted that the respondent has filed Petition
No.A-213/2017 under Section 13(1)(iii) of the Hindu
Marriage Act, 1955 for divorce. The applicant is residing
at Nagpur along with her brother and further submitted
that she has also filed petition under the Guardians and
Wards Act for custody of both minor children and same is
pending before the District Judge, Nagpur. He further
submitted that it is difficult for the applicant to attend the
proceeding in the matter and more inconvenient than her
husband. He, therefore, prayed that proceedings pending
before the Family Court, Latur be transferred to the Civil
Judge, Senior Division, Nagpur, as the applicant is
residing beyond the jurisdiction of Municipal Corporation.

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2 921-MCA-864-18.odt

Considering the submission of learned
counsel for the applicant, I have perused the application
as well as documents placed on record. On perusal of the
same, it appears that the marriage of the applicant was
solemnized with respondent on 27/05/2009 at Latur. The
applicant is having two children i.e. one girl child and one
male child aged about 7 and 6 years respectively. It
further appears that the applicant has filed Criminal Writ
Petition No.812/2016 (Habeas Corpus Petition) seeking
direction to produce the minor children. This Court
allowed the said petition and directed the respondent to
hand over the custody of minor children to the mother. It
is also observed that it is appropriate that the custody of
the children be handed over to the applicant, till
appropriate orders are passed in appropriate proceeding.
It further appears that thereafter, the applicant has filed
MCA No.74/2017 for custody of minor children under the
provisions of Guardians and
Wards Act and same is
pending before the District Judge, Nagpur.
The respondent-husband has filed Petition
No.A-213/2017 against the applicant under
Section 13(1)
(iii) of the
Hindu Marriage Act, 1955 for divorce and same
is pending before the Family Court, Latur.
Considering the facts and circumstances of
the case and averments made in the application, I am of
the view that the applicant – wife has made out a case for
transfer of divorce petition pending before the Family
Court, Latur to the Civil Judge, Senior Division, Nagpur

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3 921-MCA-864-18.odt

and it is very difficult for the applicant to attend the
proceedings at Latur. On the contrary, no prejudice would
be caused to the respondent, if the same proceeding is
transferred to the Competent Court at Nagpur. The
application filed by the applicant will have to be allowed.
Hence, I pass the following order :-
ORDER

I. Application is allowed.

II. The proceeding Petition No.A-213/2017 pending
before the Family Court, Latur (Anand Waman Shinde
Vrs. Sou. Manjusha Anand Shinde) stands transferred to
the Civil Judge, Senior Division, Nagpur.

III. No order as to costs.

JUDGE

Choulwar

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