Pallavi W/O Kiran Patil v. Kiran S O Sharad Patil
- 1 -
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 161 OF 2025 Pallavi W/o Kiran Patil ....Applicant
VERSUS
Kiran S/o Sharad Patil .....Respondent Mr. P. H. Patil, Advocate for Applicant Mr. S. W. Khan, Advocate for the Respondent.
CORAM : KISHORE C. SANT, J.
DATE : 19th NOVEMBER, 2025.
PER COURT :
1.
Heard learned Advocates for both the parties. 2.
This Application is by wife seeking transfer of matrimonial proceeding pending in the Court of learned Civil Judge Senior Division, Kalyan to the learned Civil Judge Senior Division, Nandurbar.
3.
It is the case of the wife that the distance between the two places is more than 300 kms. She has already filed two proceedings in the Court at Nandurbar; bearing Criminal MA No. 358/2024 seeking maintenance from the husband and another being private complaint bearing Criminal Application No. 24/2025 against
- 2 - the husband for offences punishable under Section 85 of the Bharatiya Nyaya Sanhita.
4.
Learned Advocate for the Applicant submits that in view of the above, it is necessary to transfer the proceeding to the Court at Nandurbar. The Application is opposed heavily by learned Advocate for the Respondent.
5.
Looking to the fact that two proceedings are already pending in the Court at Nandurbar and that it would be difficult for the wife to travel distance of more than 300 kms, it would be in the interest of justice to allow the Application with following order :-
ORDER
(i) Application is allowed in terms of prayer clause 'B'.
(ii) Applicant/wife shall not seek unnecessary adjournment after transfer of the proceeding to Nandurbar.
(iii) If the Court finds that adjournments are unnecessarily sought by the wife, the Court may impose cost so as to compensate the husband if he remains personally present.
- 3 - (iv) Whenever a request is made by the husband seeking permission to appear through video conferencing facility, the same shall be liberally considered.
(KISHORE C. SANT) Judge dyb