Gayatri W/O Kiran Sonawane v. Kiran Sunil Sonawane

2025:BHC-AUG:29113 ( 1 ) mca151.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 79 MISC.CIVIL APPLICATION NO. 151 OF 2025 GAYATRI W/O KIRAN SONAWANE

VERSUS

KIRAN SUNIL SONAWANE Mr.N.N. Bhagwat, Advocate for the applicant.

CORAM

: KISHORE C. SANT, J.

DATE : 13.10.2025 PC :- 01.

Heard learned Advocate for the applicant. By way of this application, wife is seeking transfer of HMP No. 68 of 2024 pending in the Court of learned Civil Judge, Senior Division, Sangamner to the Court of learned Civil Judge, Senior Division, Kopargaon. Both the places being in the same district and both the Courts being subordinate to the learned District Judge, Ahmednagar, this Court finds that propriety demands that the wife should approach the Court of learned District Judge, Ahmednagar seeking transfer of the proceeding. 02.

Learned Advocate, on expressing this opinion, relies upon judgment in the case of Aparna Nitin Kale Vs. Nitin Masaji Kale, 2023 DGLS (Bom) 3584. In that case, proceeding was to be transferred from the Court of learned Judge, Family Court, Pune to the Court of learned Civil Judge, Senior Division at Khed. This Court finds that as the Family Court is not subordinate to the District Court, the application was entertained by the High Court, though both the Courts were within the same district.

( 2 ) mca151.25 03.

In the present case, since both the Courts are subordinate to the Court of learned District Judge, Ahmednagar, there is no propriety in entertaining this application by this Court.

04.

This application, therefore, stands disposed off with liberty to the applicant to approach the proper forum.

[KISHORE C. SANT, J.] snk/2025/Oct25/mca151.25