Reshma Ajit Chavan v. Ajit Krushnaji Chavan

2025:BHC-AUG:24077 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 MISC.CIVIL APPLICATION NO. 78 OF 2023 RESHMA AJIT CHAVAN

VERSUS

AJIT KRUSHNAJI CHAVAN Mr. Valmik S. Munjal h/f. Mr. Vikram S. Undre, Advocate for the applicant. Mr. Sanjay S. Sudhane h/f. Mr. S.B. Solanke, Advocate for the respondent.

CORAM

: KISHORE C. SANT, J.

DATE : 09.09.2025 PC :- 01.

Heard learned Advocates for the parties. This application is moved by wife seeking transfer of HMP No. 217 of 2022, pending in the Court of learned Civil Judge, Senior Division, Khed, Dist. Ratnagiri to the Court fo learned Civil Judge, Senior Division, Osmanabad. The wife states that the distance between Khed and Osmanabad is about 450 kms. There is no direct bus available to go to Khed. There is no one in the family to accompany her. Her parents are old aged. She thus submits that the proceeding needs to be transferred to the Court at Osmanabad. 02.

The learned Advocate for the respondent vehemently argued that even husband is suffering from various medical problems. He is advised by Doctor not to travel as he is suffering from post traumatic

( 2 ) condition, as he received head injury. The Doctor has advised him not to do standing work and to avoid travelling. He submits that the proceeding be transferred at same place convenient to both the parties at Pune or Aurangabad.

03.

Considering the submissions, this Court finds that since wife is residing at Osmanabad, proceeding can either be transferred to Osmanabad, where the applicant resides or the place where the respondent - husband resides. Now it is trite law that proceeding be transferred to the place convenient to the wife. Care of anxiety of the respondent-husband can be taken by passing appropriate order. 04.

Therefore, this application is allowed. Proceeding bearing HMP No. 217 of 2022, pending in the Court of learned Civil Judge, Senior Division, Khed, Dist. Ratnagiri, stands transferred to the Court of learned Civil Judge, Senior Division, Osmanabad.

.

On transfer of the proceeding, the wife shall not seek unnecessary adjournments. If the trial Court finds that the wife has sought unnecessary adjournments, the Trial Court shall pass appropriate orders compensating the respondent-husband, if he personally remains

( 3 ) present in the Court.

.

The respondent-husband is at liberty to appear through video conferencing, unless physical presence is required. .

After transfer the learned Trial Court shall try to dispose off the matter as early as possible and preferably within 18 months. [KISHORE C. SANT, J.] snk/2025/Sep25/mca78.23