Vaishnavi Lakhna Kadewar v. Lakhan Kailas Kadewar

2025:BHC-AUG:25970 ( 1 ) mca97.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 44 MISC.CIVIL APPLICATION NO. 97 OF 2025 VAISHNAVI LAKHNA KADEWAR

VERSUS

LAKHAN KAILAS KADEWAR Mr. D.S. Mali, Advocate for the applicant.

Mr. Vaibhav Kulkarni, Advocate for the respondent.

CORAM

: KISHORE C. SANT, J.

DATE : 22.09.2025 PC :- 01.

Learned Advocate for the respondent undertakes to file Vakalatnama within a period of two weeks from today. 02.

Heard learned Advocates for the parties. This application is filed for transfer of HMP No. A-174 of 2024, pending in the Court of learned Judge, Family Court, Jalna to the Court of learned Civil Judge, Senior Division, Omerga. The applicant is a wife. She lost her father long back and presently she is residing with her mother at Omerga. It is submitted that she is not in a position to undertake travel to attend the proceeding at Jalna. One proceeding is already pending in Omerga, bearing PWDVA No. 219 of 2025. Learned Advocate for the applicant, therefore, submits that this is a fit case to allow the application by transferring the proceeding to the Court at Omerga. 03.

Learned Advocate for the respondent vehemently opposes the application. He submits that Court at Jalna is a proper Court of

( 2 ) mca97.25 jurisdiction. If he is required to travel to Omerga, he will lose his income for the day.

04.

Considering the fact that the wife is residing at Omerga with her mother and there is no one to accompany her to come to Jalna, this Court finds it reasonable to allow the application. 05.

This Misc. Civil Application is, therefore allowed in terms of prayer clause (B). After transfer of the proceeding, wife shall not seek unnecessary adjournments. If the Trial Court comes to a conclusion that wife is unnecessary asking for adjournments, the Trial Court may pass appropriate orders compensating the husband, if he personally remains present. Request of husband for appearing through video conference shall also be considered favourably by the Trial Court. [KISHORE C. SANT, J.] snk/2025/Sep25/mca97.25