Pallavi Saiprasad Bhondave v. Saiprasad Subhash Bhondave

2025:BHC-AUG:1282 1 41-MCA 165-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 165 OF 2024 Pallavi w/o Saiprasad Bhondave, Age : 27 years, Occu. : Household, R/o. : Tukai Darshan, Fursungi, Pune-412308 at present C/o. Ashok Kamble, Kamble Nivas, 18/811, Samrat Ashok Nagar, Majalgaon Tq. Majalgaon Dist. Beed.

.. Applicant

Versus

Saiprasad s/o Subhash Bhondave, Age : 40 years, Occu. : Service, R/o. Tukai Darshan, Fursungi, House No.

Pune-412308.

.. Respondent Mr. Govind G. Suryawanshi, Advocate for the Applicant. CORAM :

KISHORE C. SANT, J.

DATED : 14th JANUARY, 2025.

P. C. :- .

Heard.

2.

In spite of service, none appears for respondent. 3.

By way of this application, the applicant is praying for transfer of proceedings bearing H.M.P. No. A-374/2024 pending before the learned Family Court at Pune to the Court of learned Civil Judge Senior Division at Majalgaon, District Beed.

2 41-MCA 165-2024.odt 4.

The learned advocate for the applicant submits that, the applicant has already filed proceedings under the Protection of Women from Domestic Violence Act, 2005 bearing P.W.D.V.A. No. 51/2022 which is pending in the Court of learned J.M.F.C., Majalgaon. There is also a complaint filed for the offences punishable under Sections 498-A, 323, 504 & 506 r/w Section 34 of the Indian Penal Code and the same is also pending before the learned J.M.F.C., Majalgaon. In both the proceedings the respondent has already appeared. After appearing in these proceedings he has now filed proceedings at Pune for divorce which is only with the purpose to harass the applicant. The applicant is staying with her old aged parents. There is no one to accompany her to travel to Pune. The distance between Majalgaon and Pune is around 325 Kms. There is no source of income to the wife. He thus prays for allowing the application.

5.

After hearing the learned advocate for the applicant, this Court finds that, it would be in the interest of justice to transfer the proceedings of H.M.P. No. A-374/2024 from learned Family Court, Pune to the Court of learned Civil Judge Senior Division at Majalgaon, District Beed.

6.

In view of the same, the application stands allowed in terms of prayer clause (B).

3 41-MCA 165-2024.odt 7.

The misc. civil application is disposed of.

8.

After transfer of the proceedings, the applicant shall not seek unnecessary adjournments and shall co-operate in speedy disposal of the proceedings.

( KISHORE C. SANT, J. ) P.S.B.