Deepali Dhiraj Mali v. Dhiraj Nawanath Mali

2025:BHC-AUG:28004 1 53-MCA 120-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 120 OF 2025 Deepali Dhiraj Mali .. Applicant

Versus

Dhiraj Nawanath Mali .. Respondent Mr. Ramesh V. Naiknavare, Advocate for the Applicant. CORAM : KISHORE C. SANT, J.

DATE : 06th OCTOBER, 2025.

PER COURT :- 1.

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

This application is filed by wife seeking transfer of matrimonial proceeding bearing H.M.P. No. 168/2024 from the Court of learned C.J.S.D., Barshi to the Court of learned Judge, Family Court, Osmanabad. It is stated that, the applicant is staying in village Alani, Taluka and District Dharashiv. There is no direct conveyance available to go to Barshi. There is no one to accompany her to attend the Court proceeding at Barshi. Therefore, the applicant find it difficult to attend the proceeding at Barshi.

2 53-MCA 120-2025.odt 3.

In spite of notice, none appears for respondent. Therefore, this Court finds that, the respondent has no serious objection to the prayers in the application.

4.

Considering the settled position that the proceeding be transferred to the place where the wife resides, this Court is inclined to allow the application. Hence, following order :

ORDER

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

(II) After transfer of the proceeding, no unnecessary adjournments be sought by the applicant - wife. If the Court comes to conclusion that, the applicant - wife is unnecessarily seeking adjournments, the Court may impose cost so as to compensate the respondent - husband if he personally attends the Court.

(III) If the respondent - husband makes a request and seeks permission to attend the Court proceeding through video conferencing, the same shall be liberally considered by the Court.

3 53-MCA 120-2025.odt (IV) With this, Misc. Civil Application stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.