Snehal Radhesh Patil v. Radhesh Shyam Patil

2025:BHC-AUG:26203 1 38-MCA 84-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 84 OF 2025 Snehal w/o Radhesh Patil (Snehal D/o Pramod Patil) .. Applicant

Versus

Radhesh Shyam Patil .. Respondent Mr. Azaroddin Chandpasha Pathan, Advocate for the Applicant. CORAM : KISHORE C. SANT, J.

DATE : 23rd SEPTEMBER, 2025.

PER COURT :- .

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

Heard learned advocate for the applicant.

3.

This application is filed seeking transfer of H.M.P. No. 149/2024 pending in the Court of learned C.J.S.D., Shahada to the Court of learned C.J.S.D., Jalgaon.

4.

The learned advocate for the applicant submits that, presently the applicant is residing at Jamner, District Jalgaon alongwith her parents. The distance between Shahada and

2 38-MCA 84-2025.odt Jamner is around 210 kms. It is difficult for her to attend the Court at Shahada. There is no one to accompany her. Two proceedings are already filed and pending before the Court at Jamner. He relies upon the judgment in the case of N.C.V. Aishwarya Vs. A. S. Saravana karthik Sha reported in (2022) 6 S.C.R. 1085 specially on paragraph Nos. 9, 10 & 11 of the said judgment. The Hon'ble Apex Court held that, it is the convenience of the wife that should be considered.

5.

Since none appears for respondent in spite of service, it appears that he has no objection to the prayers in the application. 6.

Considering the submissions and the reasons stated in the applications and the judgment in the case of N.C.V. Aishwarya (supra) this Court finds that, it would be in the interest of justice 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 Court finds that,

3 38-MCA 84-2025.odt unnecessary adjournments are sought by the applicant - wife, the Court may pass appropriate order compensating the respondent - husband if he attends the proceeding personally. (III) Whenever a request is made by the respondent - husband to appear through video conferencing, the same shall be liberally considered by the learned Trial Court.

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