Swati Anurath Wavdhane v. Anurath Pralhadrao Wavdhane

2025:BHC-AUG:5283 1 10-MCA 135-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 135 OF 2023 Swati Anurath Wavdhane Age : 32 years, Occu. : Household, R/o. : Near Rajshree Vidyalaya, Savarkar Chowk, Shelhal Road, Tq. Udgir, Dist. Latur .. Applicant

Versus

Anurath Pralhadrao Wavdhane Age : 36 years, Occu. : Service, R/o. : Babhalgaon, Tq. Pathri, Dist. Parbhani.

.. Respondent Mr. Parikshit S. Mantri, Advocate h/f Mr. Parag V. Barde, Advocate for the Applicant.

Mr. B. V. Thombre, Advocate for the Respondent. CORAM :

KISHORE C. SANT, J.

DATED : 24th FEBRUARY, 2025.

P. C. :- .

Heard the parties for some time.

2.

This application is filed seeking transfer of matrimonial proceedings i.e. Hindu Marriage Petition No. 136/2022 pending before the learned Civil Judge Senior Division, Gangakhed to the Court of learned Civil Judge Senior Division, Udgir, District Latur. 3.

It is the case of the applicant that, she is presently staying with

2 10-MCA 135-2023.odt her parents. There is no one to accompany her to attend the Court proceedings at Gangakhed. The learned advocate submits that, the Criminal M. A. No. 63/2023 for maintenance is pending at Udgir. 4.

The learned advocate for respondent vehemently opposes the prayer.

5.

Considering the distance in two cities and that the applicant is a wife who find it difficult to travel to Gangakhed to attend the proceedings, this Court finds that, it would be convenient for the wife to transfer the proceedings to the Court of learned Civil Judge Senior Division at Udgir, District Latur. Hence, the following order.

ORDER

(I) The misc. civil application stands allowed in terms of prayer clause (B).

(II) The applicant shall not seek unnecessary adjournment after the proceeding is transferred to the Court of learned Civil Judge Senior Division at Udgir, District Latur. If the Court finds that, the applicant is seeking unnecessary adjournments, the Court may pass appropriate order compensating the respondent.

(III) After transfer of the proceeding, the learned Trial Court shall

3 10-MCA 135-2023.odt make endeavour to dispose of the matrimonial proceeding as early as possible and preferably within eighteen months from the date of the transfer.

(IV) With this, the misc. civil application stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.