Priyanka Wo Rakesh Birajdar v. Rakesh So Sardar Birajdar

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 958 MISC. CIVIL APPLICATION NO. 99 OF 2025 Priyanka Wo Rakesh Birajdar

VERSUS

Rakesh So Sardar Birajdar ...

Mr. A. M. Reddy h/f Mr. Fayaz K. Patel, Advocate for Applicant. Mr. G. B. Kingre, Advocate for Respondent.

CORAM : KISHORE C. SANT, J.

DATE : 3rd OCTOBER 2025.

PC :- 1.

Heard the learned Advocates for the parties.

2.

This application is filed by the applicant-wife seeking transfer of the matrimonial proceedings bearing Hindu Marriage Petition No.1745 of 2023 from the Court of learned 13th Joint CJSD and Additional CJM, Pune to the Court of learned Judge, Family Court at Latur. The proceeding is instituted by the respondent-husband. 3.

It is the case of the wife that the distance between two places is more than 350 k.m. She finds it difficult to attend the Court at Pune as

( 2 ) there is no one to accompany her to attend the Court. Her age old father is suffering from cancer. The learned Advocate, on these grounds, prays for allowing the application.

4.

Learned Advocate for the respondent vehemently opposed the application. He submits that the family members of the respondent are also suffering from the serious illness. He is in service at Pune and if he is required to travel to Latur, he would have to take leave for two days. He thus prays for rejection for the application. 5.

Considering above, following order:

ORDER

(i) Misc. Civil Application stands allowed.

(ii) The proceeding of Hindu Marriage Petition No.1745 of 2023 from the Court of learned 13th Joint CJSD and Additional CJM, Pune stands transferred to the Court of learned Judge, Family Court at Latur.

(iii) After transfer of the proceeding, the applicant shall not seek unnecessary adjournments. In case the Trial Court finds that the

( 3 ) adjournments are unnecessarily sought, the Trial Court may deal with such application, so as to compensate the respondenthusband, if he personally remains present. (iv) If the husband makes a request seeking seeking permission to appear through video conferencing, the same shall be liberally considered by the trial Court.

(v) The husband shall be called to appear physically only when his presence is necessary.

(vi) With this, Misc. Civil Application stands disposed off. [KISHORE C. SANT, J.]