Mamta W/O Nahushraj Sonawane v. Nahushraj Ashokrao Sonawane
2025:BHC-AUG:3888 ( 1 ) mca12.24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 12 MISC.CIVIL APPLICATION NO. 12 OF 2024 MAMTA W/O NAHUSHRAJ SONAWANE
VERSUS
NAHUSHRAJ ASHOKRAO SONAWANE Mr.G.J. Karne, Advocate for the applicant.
Mr.S.S. Palnitkar, Advocate for the respondent.
CORAM
: KISHORE C. SANT, J.
DATE : 10.02.2025 PC :- 01.
Heard learned Advocates for the parties. This application is for transfer of matrimonial proceeding initiated by husband to the place of applicant-wife. The husband has lodged proceeding which is presently pending in the Family Court, Bandra, bearing Petition No. A-2315 of 2022. The wife is presently residing at Taroda (Bk.), Tal & Dist. Nanded. It is case of the wife that she is residing with her parents. There is no one to accompany her to attend the proceeding at Bandra. The distance between two place is about 600 kms. It is, therefore, prayed to allow the application.
02.
Learned Advocate for the respondent vehemently opposes the application. He submits that it is the Family Court, Bandra, which
( 2 ) mca12.24 has jurisdiction to decide the proceeding. The wife for considerable period stayed with husband at Mumbai and there is no difficulty for her to attend the proceeding at Bandra. It is further prayed that, in case the proceeding is transferred, the respondent-husband may be permitted to appear through video conference.
03.
Considering the above, following order :-
ORDER
i) The application stands allowed in terms of prayer clause (B).
ii) After the proceeding is transferred, the Trial Court shall try to decide it as early as possible and in any case within 18 months from the date of transfer.
iii) If the respondent-husband makes application seeking permission to appear through video conference, said request shall be considered favourably.
iv) The wife shall not seek unnecessary adjournments. If the Trial Court finds that the adjournments are unnecessarily sought by the applicant-wife, the Trial Court shall pass appropriate orders compensating the respondent-husband, if he personally remains present in the Court.
[KISHORE C. SANT, J.] snk/2025/feb25/mca12.24