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Bombay High CourtMCA/174/2025disposed off

Sou Sarala Wo Ajay Ghoderao v. Shri Ajay Bhausaheb Ghoderao

2025-12-18Hon'Ble Shri Justice Kishore C. Sant2 pages

2025:BHC-AUG:36356 ( 1 ) mca174.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 950 MISC.CIVIL APPLICATION NO. 174 OF 2025 SOU SARALA WO AJAY GHODERAO

VERSUS

SHRI AJAY BHAUSAHEB GHODERAO Mr. R.S. Kasar, Advocate for the applicant.

CORAM

: KISHORE C. SANT, J.

DATE : 18.12.2025 PC :- 01.

Heard learned Advocate for the applicant. None for the respondent, inspite of service.

02.

This application is by wife seeking transfer of matrimonial proceeding filed by husband bearing Marriage Petition No. 1150 of 2023 pending in the Court of learned Civil Judge, Senior Division, Kalyan to the Court of learned Civil Judge, Senior Division, Rahata. It is case of the wife that presently she is residing with her parents at Savali Vihir, Tq. Kopargaon, Dist. Ahmednagar. There is no one to accompany her to travel to Kalyan to attend the Court proceeding. There is already a proceeding bearing Cri.M.A. No. 54 of 2022 pending under the Protection of Women from Domestic Violence Act in the Court at Rahata. One RCC bearing No. 300 of 2022 is also pending, wherein the Court was required to issue non-bailable warrant against the husband. Learned Advocate for the applicant thus prays for allowing the application. 03.

As already noted, the respondent has not appeared inspite of notice. This Court takes that he has no serious objection to allow this

( 2 ) mca174.25 application. Therefore, it would be in the interest of justice to allow this application.

04.

Therefore, this Misc. Civil Application is allowed in terms of prayer clause (A). After transfer of the proceeding, the applicant-wife shall not seek unnecessary adjournment. If the Trial Court found that the adjournment is unnecessarily sought by the wife, the Trial Court shall pass appropriate orders compensating the husband, if he personally remains present in the Court. If husband makes request to appear through video conferencing, the Trial Court shall consider said request liberally.

[KISHORE C. SANT,J.] snk/2025/Dec25/mca174.25