Pradnya W/O Amit Waghmare v. Amit S/O Vasant Waghmare

2025:BHC-AUG:17086 (1) 41-mca-148-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 148 OF 2023 PRADNYA W/O AMIT WAGHMARE

VERSUS

AMIT S/O VASANT WAGHMARE ...

Mr. Nitin U. Telgaonkar, Advocate for Applicant. Mr. G. D. Jain, Advocate for Respondent.

...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 01st JULY, 2025.

P.C.:- 1.

By this application, applicant/wife seeks transfer of HMP No.A-322/2021 pending before learned Family Court at Latur to Court of Civil Judge Senior Division at Ambejogai. 2.

The learned Advocate appearing for applicant submits that applicant has filed PWDV No.482/2022 and Criminal M.A. No.143/2022 before Judicial Magistrate First Class at Parli. Similarly, RCC No.213/2022 for offence punishable under Section 498-A of the Indian Penal Code is pending before Judicial Magistrate First Class at Parli. The respondent/husband has filed HMP No.A-322/2021 before Family Court at Latur. Similarly, applicant has filed one more proceeding under Section 9 of Hindu Marriage Act vide HMP No.115/2023, which is pending before Civil Judge Senior Division at Ambejogai. Therefore, it would be convenient for parties to attend proceeding at Ambejogai.

(2) 41-mca-148-2023.odt Accordingly, he urges to transfer HMP No.A-322/2021 to Civil Judge Senior Division at Ambejogai pending before Family Court at Latur.

3.

It is trite that convenience of wife is to be given precedence in case of transfer of matrimonial proceedings. Apparently, three proceedings are pending at Parli, which are instituted by applicant. One proceeding vide HMP No.115/2023 is pending at Ambejogai and only HMP No.A-322/2021 is pending before Family Court at Latur. In this background, case is made out to allow application. Hence, Application is allowed in terms of prayer Clause (A). 4.

Parties to appear before Civil Judge Senior Division at Ambejogai on 04.08.2025.

(S. G. CHAPALGAONKAR) JUDGE Devendra/July-2025