Anjali Bhagwan Patil v. Pankaj Rajaram Borse

2025:BHC-AUG:5169

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 7 MISC.CIVIL APPLICATION NO. 75 OF 2024 ANJALI BHAGWAN PATIL

VERSUS

PANKAJ RAJARAM BORSE ...

Advocate for Applicant : Mr. A. S. Shejwal Advocate for Respondent sole : Mr. A. D. Sonar ...

CORAM

: KISHORE C. SANT, J.

Dated : February 20, 2025 PER COURT :- 1.

Heard the learned Advocate for the applicant. 2.

This application is filed for transfer of proceedings bearing CMA No. 177 of 2022 pending before the Family Court at Bandra, Mumbai and Marriage Petition No.F2999 of 2017 thereof to the Family Court at Aurangabad. 3.

It is pointed out that the applicant and the respondent had jointly filed Marriage Petition No. F-2999 of 2017 for divorce with mutual consent. The applicant-wife resides at Aurangabad with her child Kaushik. In view of this, it would be appropriate even to transfer the present proceeding to the Family Court at Aurangabad.

4.

The application is vehemently opposed by the learned Advocate for the respondent.

5.

However, considering that, this Court has already allowed MCA No. 21/2021 and transferred the proceeding at Aurangabad, it would be in the interest of justice to transfer the present proceeding also to the Family Court at Aurangabad. Hence this Court is inclined to allow this application. Hence following order :

ORDER

i.

The Miscellaneous Civil Application is allowed in terms of prayer clause "B".

ii.

The applicant-wife shall not seek any unnecessary adjournments. If the Trial Court finds that unnecessary adjournments are sought by applicant-wife, the Trial Court may pass appropriate order compensating the respondenthusband, if he personally remains present in the Court. iii.

The proceedings be decided as early as possible and preferably within one year from the date of such transfer.

iv.

The Miscellaneous Civil Application stands disposed off.

( KISHORE C. SANT, J. ) PRW