Poonam Rahul Chawariya v. Rahul Naresh Chawariya

2025:BHC-AUG:5586 ..1..

1-mca-54-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1 MISC.CIVIL APPLICATION NO. 54 OF 2025 POONAM RAHUL CHAWARIYA

VERSUS

RAHUL NARESH CHAWARIYA ...

Advocate for Applicant : Mr. Amar V. Lavte Advocate for Respondent : Mr. Dnyaneshwar B Pokale ...

CORAM : KISHORE C. SANT, J.

DATE : 26.02.2025 PER COURT :

1.

Heard the learned Advocate for the parties.

2.

This application is filed seeking transfer of proceeding bearing H.M.P. No. 158/2022 pending before the learned Civil Judge, Senior Division, Aurangabad, District Aurangabad to the Court of learned Civil Judge, Senior Division, Majalgaon, Tq. Majalgaon, Dist. Beed. 3.

The learned counsel for the applicant submits that, the applicant is residing with her parents at Majalgaon. She has no financial support from respondent/husband. There is no one to accompany her to travel to attend the Court at Aurangabad.

4.

This Court has already transferred one proceeding filed by respondent at Aurangabad by allowing MCA No. 42/2021 by order dated 13.12.2023. This Court has already considered the reasons for transfer. It is submitted that now the respondent has filed one more proceeding i.e. H.M.P. No. 158/2022.

..2..

1-mca-54-25 5.

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

6.

In view of the above, in the interest of justice, this Court is inclined to allow the application. Misc. Civil Application is therefore allowed in terms of prayer clause (B).

7.

After the proceeding is transferred, the applicant/wife shall not seek unnecessary adjournment. If the Court finds that unnecessary adjournments are sought by the applicant-wife, the Court may pass appropriate order.

8.

The learned Trial Judge, Majalgaon, shall try to dispose of the proceeding as early as possible and preferably within (18) months from the date of transfer of the proceeding.

9.

Parties to appear before the Court at Majalgaon on 19.03.2025 without enquiring notice to that effect.

10.

With this, application stands disposed off.

( KISHORE C. SANT ) JUDGE shp/-