Pallavi Mahendra Dabhade v. Mahendra Gulabrao Dabhade

2025:BHC-AUG:2443

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 71 OF 2019 PALLAVI MAHENDRA DABHADE

VERSUS

MAHENDRA GULABRAO DABHADE ...

Advocate for Applicant : Adv. Rajendra N. Chavan ...

CORAM

: KISHORE C. SANT, J.

Dated : January 28, 2025 PER COURT :- 1.

Heard learned Advocate for the applicant. Inspite of service of notice, none appears for the respondent.

2.

This application is filed seeking transfer of proceeding of HMP No. 355 of 2018 filed by the respondent from the Court at Niphad Dist. Nashik to the Court at Aurangabad. It is stated in the application that presently the applicant is residing at Kavadgaon, Tq. Paithan Dist. Aurangabad with her parents. The distance between two places is about 150 kms. There is no one to accompany the applicant to attend the Court at Niphad. She has to maintain a child of 9 years of age. It is thus submitted that

for the convenience of the applicant-wife, the proceeding be transferred.

3.

Considering the above submissions this Court finds that the convenience of the applicant-wife needs to be seen. There is one more reason for transfer that the applicant has filed a Criminal Miscellaneous Application No. 660 of 2018 in the Court at Aurangabad. The respondent has also appeared in the same case. He has to come to Aurangabad for the said proceedings. In view of the same this Court is inclined to allow the application. 4.

The application is therefore allowed.

5.

The proceedings of HMP No. 355 of 2018 from the Court at Niphad be transferred to the Court at Aurangabad.

6.

The learned Judge, Aurangabad shall try to dispose of the proceeding as early as possible and preferably within one year from the date of transfer of the proceeding.

7.

After the proceeding is transferred, the applicant shall co-operate in speedy disposal of the proceedings

without seeking unnecessary adjournment. If the Court finds that unnecessary adjournments are sought by the applicant, the Court shall deal with it to compensate the respondent.

8.

With this the Civil Miscellaneous Application stands disposed off.

( KISHORE C. SANT, J. ) PRW/902