Dipali Arvind Nikumbh v. Arvind Narendra Nikumbh

2025:BHC-AUG:29321 1 947-MCA 45-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 45 OF 2025 Dipali Arvind Nikumbh .. Applicant

Versus

Arvind Narendra Nikumbh .. Respondent Mr. Surendra V. Suryawanshi, Advocate for the Applicant. CORAM : KISHORE C. SANT, J.

DATE : 14th OCTOBER, 2025.

PER COURT :- 1.

Heard learned advocate for the applicant.

2.

In spite of service, none appears for respondent. 3.

This application is moved seeking transfer of matrimonial proceedings i.e. Marriage Petition No. 782/2023 filed by the respondent - husband in the Court of learned C.J.S.D. Malegaon. A prayer is for transfer of the said proceeding to the Court of learned C.J.S.D., Chalisgaon. The applicant - wife is presently residing at Chalisgaon with a child of two and half years of age. There is no one to accompany her to travel to Malegaon. Further

2 947-MCA 45-2025.odt ground taken is that, three proceedings are pending in the Court at Chalisgaon.

4.

This Court finds that, a case is made out to allow the application. Hence, following order :

ORDER

(I) Misc. Civil Application is allowed in terms of prayer clause (B).

(II) After transfer of the proceeding, the applicant - wife shall not seek unnecessary adjournments. If the learned Court finds that, the adjournments are sought unnecessarily, the learned Court may pass appropriate order compensating the respondent - husband if he remains personally present.

(III) Whenever a request is made by the respondent - husband seeking permission to appear through video conferencing facility, the same shall be considered liberally by the learned Court. (IV) With this, Misc. Civil Application stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.