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Bombay High CourtMCA/47/2025application allowed

Ekta Akhil Sontakke @ Ms. Ekta Bapu Bansode v. Akhil Annasaheb Sontakke

2025-11-14Hon'Ble Shri Justice Kishore C. Sant2 pages

2025:BHC-AUG:31428 1 930-MCA 47-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 47 OF 2025 Ekta Akhil Sontakke @ Ms. Ekta Bapu Bansode .. Applicant

Versus

Akhil Annasaheb Sontakke .. Respondent Ms. Sayali Tekale, Advocate for the Applicant. CORAM : KISHORE C. SANT, J.

DATE : 14th NOVEMBER, 2025.

PER COURT :- 1.

In spite of notice, none appears for respondent. 2.

This application is by wife seeking transfer of matrimonial proceedings from the Court of learned Joint C.J.S.D., Kalyan to the Court of learned Judge, Family Court, Dharashiv. It is the case of the wife that, two proceedings filed by her i.e., one under the Protection of Women from Domestic Violence Act and one under Hindu Marriage Act for maintenance, are already filed and pending in the Court at Dharashiv where the husband has already appeared. It is thereafter the husband has filed the proceeding for divorce in the Court at Kalyan. She find it difficult to travel to Kalyan as the daughter of one year is staying with her. There is no

2 930-MCA 47-2025.odt one to accompany her to go to Kalyan. The distance between two places is around 500 kms. The learned advocate thus prays for allowing the application.

3.

As none appears for the respondent, this Court finds that the respondent has no serious objection to allow the application. 4.

For the reasons recorded above, this Court is inclined to allow the application. Hence, following order :

ORDER

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

(II) After transfer of the proceeding, the applicant - wife shall not seek unnecessary adjournments. If unnecessary adjournments are sought, the Court may pass appropriate order compensating the respondent - husband if he personally remains present. (III) Whenever a request is made by the respondent - husband to allow him to appear through video conferencing, the same shall be considered liberally.

(IV) With this, Misc. Civil Application stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.