Poonam Alies Gauri Santosh Belge v. Santosh Adinath Belge

2025:BHC-AUG:23356 MCA 128/2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 MISC.CIVIL APPLICATION NO. 128 OF 2025 POONAM ALIES GAURI SANTOSH BELGE

VERSUS

SANTOSH ADINATH BELGE ...

Advocate for Applicant : Mr. K.N. Shermale ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : August 26, 2025 PER COURT :- 1.

Office note shows that respondent is served through his mother as they are joint family members. However, none has entered appearance for respondent.

2.

By way of present MCA, the applicant/wife is seeking transfer of proceeding of Marriage Petition No. 94/2024 filed by the respondent/husband for divorce before the learned Civil Judge, Senior Division, Newasa, District Ahmednagar to the Family Court, Nashik at Nashik.

3.

The learned counsel for the applicant/wife submits that the wife has initiated proceedings under D.V. Act and under section 125 of Cr.P.C. for maintenance at Family Court, Nashik and the respondent husband is defending those proceedings. The learned counsel submits that applicant is housewife, she has no source of earning whereas the respondent is businessman and he has initiated divorce proceeding at Newasa. The distance between Newasa and Nashik is around 80 to 90 k.m. and it would be difficult for the applicant/wife to defend the same. There are no issues born out of the marriage. The learned counsel submits that since

MCA 128/2025 proceedings are already initiated by the wife at Family Court Nashik and the applicant is defending the same, it would be more appropriate if the divorce proceeding filed by the respondent/husband would be transferred at Family Court at Nashik. The learned counsel submits that the applicant would take common date in all the proceedings so as to avoid inconvenience to the husband and will not seek unnecessary adjournment and if she wants to take adjournment, she would inform the respondent in advance.

4.

Considering the submissions made above, the MCA is allowed in terms of prayer clause 'B', which is as under :- "B) The proceeding of Marriage Petition No. 94 of 2024 (Santosh Vs. Poonam) pending before the Learned Civil Judge Senior Division, Newasa, Tal. Newasa, Dist. Ahmednagar may kindly be transferred for further adjudication to the Learned Family Court, Nashik, at Nashik, Tq. Nashik, Dist. Nashik."

( ARUN R. PEDNEKER, J. ) ssc/