Priyanka Kishor Aavale v. Kishor Bhausaheb Aavale

2025:BHC-AUG:2860 1 911-MCA 19-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 19 OF 2024 Priyanka w/o Kishor Aavale, Age : 23 years, Occu. : Household, R/o. : C/o. Shri Bhavrao Kadam, Rameshwarwadi, Biloni, Tq. Vaijapur, Dist. Aurangabad.

.. Applicant

Versus

Kishor s/o Bhausaheb Aavale, Age : 28 years, Occu. : Business, R/o. : Flat No. 703, Finix Plaza Society, Jagadanba Bhavan Marg, Pisoli, Pune - 411060.

And Permanent Address :

R/o. : Sherudi Post Aurala, Tq. Kannad, Dist. Aurangabad.

.. Respondent Mr. Sanjay N. Gaikwad, Advocate for the Applicant. Mr. D. R. Shelke, Advocate for Respondent.

CORAM :

KISHORE C. SANT, J.

DATED : 30th JANUARY, 2025.

P. C. :- .

This application is for transfer of Hindu Marriage Petition No. 1609/2023 pending before the learned Family Court No. 5 at Pune to the Court of learned Civil Judge Senior Division at Vaijapur. Considering the distance in two cities and that the applicant is a wife who find it difficult to travel to Pune to attend the proceedings, this

2 911-MCA 19-2024.odt Court finds that, it would be convenient for the wife to transfer the proceedings to the Court of learned Civil Judge Senior Division at Vaijapur.

2.

The learned advocate for respondent vehemently opposes the prayer. He submits that, when in other proceedings the respondent had been Vaijapur to attend the Court proceedings, there was an attempt to assault the respondent by the relative of the applicant. 3.

The learned advocate for the applicant on this submits that, in fact, no such incident has taken place.

4.

Considering the apprehension, this Court is inclined to transfer the proceedings. Hence, the following order :

ORDER

(I) The misc. civil application stands allowed in terms of prayer clause (B).

(II) The applicant shall not try to pressurize the respondent in any other manner.

(III) The applicant shall not seek unnecessary adjournment after the proceeding is transferred to the Court of learned Civil Judge Senior Division at Vaijapur. If the Court finds that, the applicant is seeking

3 911-MCA 19-2024.odt unnecessary adjournments, the Court may pass appropriate order compensating the respondent.

(IV) With this, the misc. civil application stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.