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Bombay High CourtMCA/92/2025application allowed

Savita Sandip Netke v. Sandip Sonaji Netke

2025-09-09Hon'Ble Shri Justice Kishore C. Sant2 pages

2025:BHC-AUG:23963 ( 1 ) mca92.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 MISC.CIVIL APPLICATION NO. 92 OF 2025 SAVITA SANDIP NETKE

VERSUS

SANDIP SONAJI NETKE Mr. Sumant Shridhar Kulkarni, Advocate for the applicant. Mr. V.P. Golewar, 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 seeking transfer of HMP No. 281 of 2024, pending in the Court of learned Civil Judge, Senior Division, Sillod to the Court of learned Judge, Family Court, Jalna. This application is filed by wife. Learned Advocate for the applicant vehemently argued that one proceeding under section 125 of the Cr.P.C. is already pending in the Court of learned Judge, Family Court, Jalna, bearing ER No. 41 of 2023. He further submits that the applicant is having a child of five years. She finds it difficult to undertake journey with the child. He thus prays for allowing the application.

02.

Learned Advocate Mr. Golewar for the respondent submits that if the matter is transferred to Jalna, there is every possibility of danger to the life of husband, as all the relatives of the wife are staying at Jalna.

( 2 ) mca92.25 03.

Considering the above, this Court finds that it would be in the interest of justice to allow this application by transferring the proceedings to the Court of learned Judge, Family Court, Jalna. 04.

Hence, this application is allowed in terms of prayer clause (B). The wife shall not seek unnecessary adjournments. If it is found that unnecessary adjournments are sought by the wife, the Trial Court shall pass appropriate orders compensating the husband, if he remains personally present in the Court.

[KISHORE C. SANT, J.] snk/2025/Sep25/mca92.25