Anjali Omkar Borlepwar @ Anjali Santosh Bawage v. Omkar Datta Borlepwar

2025:BHC-AUG:24257 1 955-MCA 184-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 184 OF 2025 Anjali Omkar Borlepwar @ Anjali Santosh Bawage .. Applicant

Versus

Omkar Datta Borlepwar .. Respondent Mr. Suraj V. Gundre, Advocate for the Applicant. CORAM : KISHORE C. SANT, J.

DATE : 10th SEPTEMBER, 2025.

PER COURT :- .

In spite of service, none appears for respondent. The matter is, therefore, taken up with the assistance of learned advocate for the applicant.

2.

Heard learned advocate for the applicant.

3.

This application is filed by the wife seeking transfer of proceeding of H.M.P. No. 23/2025 pending in the Court of learned Civil Judge Senior Division, Kandhar to the Court of learned Judge, Family Court, Latur.

4.

The learned advocate for the applicant submits that,

2 955-MCA 184-2025.odt distance between place of residence of the applicant and the Court at Kandhar is about 150 kms. She stays with her parents. She is not in a position to afford travelling expenses to Kandhar. There is also no one to accompany her in the family. One FIR is filed in the Court at Latur for the offences punishable under Sections 115, 85, 352, 351(2) & 3(5) of the Bhartiya Nyaya Sanhita by the wife. He thus submits that, it is in the interest of justice to transfer the proceedings to the Court at Latur.

5.

Since the respondent has not appeared in spite of service, this Court infers that he has no serious objection to trasfer the proceedings.

6.

For the reasons stated above this Court finds that, the application deserves to be allowed. Hence, the following order :

ORDER

(I) Misc. Civil Application stands allowed in terms of prayer clause (B).

(II) After transfer of the proceeding, the learned Judge shall try to dispose of the same as early as possible and preferably within eighteen months from today.

3 955-MCA 184-2025.odt (III) The applicant-wife shall not seek any unnecessary adjournments. If such adjournments are sought, the Court may pass appropriate order compensating the husband. (IV) If the husband makes a prayer to appear through video conferencing, such prayer be considered liberally by the Trial Court.

(V) With this, Misc. Civil Application stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.