Preeti Mohan Gaikwad v. Mohan Vinayak Gaikwad

2025:BHC-AUG:13123 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 12 MISC.CIVIL APPLICATION NO. 40 OF 2025 PREETI MOHAN GAIKWAD ....Applicant

VERSUS

MOHAN VINAYAK GAIKWAD .....Respondent Mr. A. B. Chormal, Advocate for the applicant Mr. V. P. Latange, Advocate for the respondent CORAM : KISHORE C. SANT, J.

DATE : 05th MAY, 2025 P. C.

1.

Heard the parties.

2.

This application is by the wife seeking transfer of the matrimonial proceeding bearing No. 164/2023 from the court of the learned CJSD, Karjat Dist. Ahilyanagar to the court of learned Judge Family Court, Ahilyanagar.

3.

It is the case of the petitioner that the applicant is residing with the old aged parents with eight years child. One

(2) proceeding under Section 498-A is already going on in the court at Ahilyanagar, where respondent-husband is attending the court. The learned Advocate for the applicant, thus, submits that the application needs to be allowed.

4.

The learned advocate for the respondent vehemently opposes the application. He submits that the learned trial court has rightly filed the proceeding in the court having jurisdiction. There is no sufficient ground to transfer the proceeding and prays for dismissal of the application.

5.

After hearing the parties, this court is of the opinion that when the wife staying with eight years child with the old aged parents, it is difficult for her to attend the court at Karjat. 6.

Considering all above, this court is inclined to allow the application. Hence, the following order:

ORDER

(i)Proceeding of Marriage Petition bearing NO. 164/2023 pending before the Court of leaned CJJD,

(3) Karjat, Dist. Ahilyanagar stands transferred to the Court of learned Family Court, Dist. Ahilyangar. (ii)After the proceeding is transferred, the learned trial court shall try to dispose of the proceeding as early as possible and preferably within one year from the date of transfer.

(iii)The Trial Court shall give suitable dates considering the dates given in other proceedings. (iv)The respondent is at liberty to request the concerned Court for appearing through video conference.

(v)The applicant shall not seek unnecessary adjournments and shall co-operate in speedy disposal of the case.

(vi) The application stands disposed off.

[KISHORE C. SANT, J.] VishalK/12mca40.25