SNEHAL RAHUL FHUNNE @ SNEHAL UMAKANT v. RAHUL GOVARDHAN FHUNNE
Case at a glance
- Decided
- 23 Jul 2025
- Bench
- S G CHAPALGAONKAR
- Neutral citation
- 2025:BHC-AUG:19371
Provisions considered
Key paragraphs
- Para 66. In result, application succeeds and same is allowed in terms of prayer Clause (B).
Judgment
Mr. Rupesh Bapurao Hake, Advocate for Applicant. Mr. P. K. Wagh h/f Mr. B. S. Choure, Advocate for Respondent. ... P.C.:- CORAM : S. G. CHAPALGAONKAR, J. DATED : 23rd JULY, 2025.
By this application, applicant-wife seeks transfer of Hindu Marriage Petition No.31/2024 pending before Civil Judge Senior Division at Majalgaon, Dist. Beed to Family Court at Aurangabad.
The learned Advocate appearing for applicant submits that marriage between applicant and respondent was solemnized on
23.03.2022. However, applicant was ill-treated. Consequently, she was required to leave matrimonial home. Since then, she is residing at Aurangabad along with her parents. The applicant has filed PWDVA No.685/2023 before Judicial Magistrate First Class at Aurangabad. She has also filed FIR in Crime No.316/2023 at Contonment Police Station, Aurangabad. At this juncture, respondent-husband has filed Hindu Marriage Petition No.31/2024 before Civil Judge Senior Division at Majalgaon, Dist. Beed seeking decree of dissolution of marriage. The distance between Majalgaon (2) 56-mca-303-2024.odt to Aurangabad is almost 160 kilometers and it would be difficult for applicant to attend proceeding at Majalgaon. He would, therefore, urge to transfer proceeding instituted by husband to Family Court at Aurangabad.
The learned Advocate appearing for respondent vehemently opposes application and submits that there are no good grounds for transfer of proceeding.
Having considered submissions advanced, it cannot be disputed that applicant is residing at Aurangabad and she has already instituted proceeding vide PWDVA No.685/2023 and same is pending before Judicial Magistrate First Class at Aurangabad. Apart from that criminal case is instituted for offence punishable under Section 498-A of Indian Penal Code at Aurangabad. It is therefore, evident that two proceedings are pending at Aurangabad and respondent has instituted divorce proceeding before Civil Judge Senior Division at Majalgaon.
Considering law laid down by Supreme Court of India in case of N.C.V. Aishwarya Vs. A. S. Saravana Karthik Sha 1, convenience of wife has to be given precedence over convenience of husband in case of transfer of matrimonial disputes. If all 1 AIR 2022 SC 4318. (3) 56-mca-303-2024.odt proceedings are taken up at Aurangabad, respondent would not have difficulty to attend the same.
In result, application succeeds and same is allowed in terms of prayer Clause (B).
Parties to appear before Family Court at Aurangabad on
29.08.2025. Devendra/July-2025 (S. G. CHAPALGAONKAR) JUDGE
Questions this judgment answers
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860.
Which court decided this case, and when?
Bombay High Court, on 23 Jul 2025. The bench was S G CHAPALGAONKAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.