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Bombay High CourtMCA/23/2024dismissed

Sou. Priyanka Shubham Sarwan @ Priyanka Dhiraj Kudiya v. Shubham Pritam Sarwan

2025-02-14Hon'Ble Shri Justice Kishore C. Sant2 pages

2025:BHC-AUG:4620 ( 1 ) mca23.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 7 MISC.CIVIL APPLICATION NO. 23 OF 2024 SOU. PRIYANKA SHUBHAM SARWAN @ PRIYANKA DHIRAJ KUDIYA

VERSUS

SHUBHAM PRITAM SARWAN Mr.R.S. Kasar, Advocate for the applicant.

None for the respondent.

CORAM

: KISHORE C. SANT, J.

DATE : 14.02.2025 PC :- 01.

This application is filed by applicant-wife for transfer of matrimonial proceeding bearing No. Petition A/1655/2023 from the Family Court, Pune to Family Court, Ahmednagar. 02.

It is submitted by the learned Advocate for the applicant that the applicant is residing with her parents at Ahmednagar. The distance between Pune and Ahmednagar is about 125 kms. The couple is having a small bady, residing with the applicant-wife and it is difficult for her to travel to Pune with the small baby for attending the matrimonial proceeding. It is further submitted by the learned Advocate for the applicant that there are already two proceedings against the respondenthusband pending at Ahmednagar; one under the provisions of the Indian Penal Code and another under the provisions of the protection of Women from Domestic Violence Act. It is, therefor, requested to transfer the proceedings.

( 2 ) mca23.24 03.

Considering the above, following order :-

ORDER

i.

This Misc. Civil Application is allowed in terms of prayer clause (A).

ii.

The applicant shall not seek unnecessary adjournments in the Trial Court. 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.

iii.

After transfer of the proceeding, the learned Trial Court shall make endeavour to dispose of the matrimonial proceeding as early as possible and preferably within eighteen months from the date of the transfer. [KISHORE C. SANT, J.] snk/2025/feb25/mca23.24