Shital W/O. Sainath Buchade v. Sainath S/O. Madhavrao Buchade

2025:BHC-AUG:24889 1 35-MCA 376-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 376 OF 2024 Shital W/o. Sainath Buchade .. Applicant

Versus

Sainath S/o. Madhavrao Buchade .. Respondent Mr. Mahesh S. Bhosale, Advocate for the Applicant. CORAM : KISHORE C. SANT, J.

DATE : 15th SEPTEMBER, 2025.

PER COURT :- .

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

Heard learned advocate for the applicant.

3.

This application is preferred by the wife seeking transfer of the proceedings bearing Petition No. D/9/2023 pending in the Court of learned Judge, Family Court, Nanded to the Court of learned Judged, Family Court, Latur.

4.

It is submitted that, there are four proceedings already pending in the Court at Latur. One appeal under the Protection of Women from Domestic Violence Act filed by the husband is pending before the learned Sessions Court, Latur. A complaint

2 35-MCA 376-2024.odt under Section 498-A of the I.P.C. before the learned J.M.F.C. and maintenance proceeding filed by the wife is pending in the Court at Latur. A divorce petition filed by the husband is also filed in the Court at Latur.

5.

Considering the above, this Court finds that, even the Petition No. D/9/2023 needs to be transferred to the Court of learned Judge, Family Court, Latur. Hence, following order :

ORDER

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

(II) After transfer of the proceedings, the applicant-wife shall not seek unnecessary adjournment. If the Court finds that, adjournment is unnecessarily sought, the Court may pass appropriate order compensating the respondent-husband. (III) If the request is made by the respondent-husband to appear through video conferencing, the same shall be liberally considered by the Court.

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