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Bombay High CourtMCA/152/2025disposed off

Sou Vanmala W/O Sushil Aalange Alias Vanmala D/O Pandurang Tat v. Sushil S/O Balaji Aalange

2025-10-13Hon'Ble Shri Justice Kishore C. Sant2 pages

2025:BHC-AUG:28876 ( 1 ) mca152.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 80 MISC.CIVIL APPLICATION NO. 152 OF 2025 SOU VANMALA W/O SUSHIL AALANGE ALIAS VANMALA D/O PANDURANG TAT

VERSUS

SUSHIL S/O BALAJI AALANGE Mr. S.B. Ghute, Advocate for the applicant.

CORAM

: KISHORE C. SANT, J.

DATE : 13.10.2025 PC :- 01.

Heard learned Advocates for the parties. This application is filed for transfer of proceeding bearing HMP No. 101 of 2024, pending in the Court of learned Civil Judge, Senior Division, Omerga to the Court of learned Civil Judge, Senior Division, Ambajogai. 02.

Though the husband is served, none appears for him. 03.

The wife is seeking transfer on the ground that the distance between the two places is about 150 kms. She is residing with her two years child and her old aged parents. She finds it difficult to attend the Court proceeding by travelling such a distance. There are two proceedings pending in the Court at Ambajogai; one is under section 12 of the Protection of Women from Domestic Violence Act filed by the wife and another proceeding is under section 498-A of the IPC, where the husband is facing prosecution.

( 2 ) mca152.25 04.

Considering the above, this Court is inclined to allow this application. Hence, following order :- i) This application is allowed in terms of prayer clause (B).

ii) The wife shall not seek unnecessary adjournment. If the Trial Court finds that the wife has sought unnecessary adjournment, the Trial Court shall impose costs upon the wife, compensating the husband, if he personally remains present in the Court.

iii) If the husband makes application for appearing through video conference, same shall be considered by the Trial Court liberally.

[KISHORE C. SANT, J.] snk/2025/Oct25/mca152.25