Shraddha W/O Vishal Gore v. Vishal W/O Sudhakar Gore

2025:BHC-AUG:5284 1 11-MCA 163-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 163 OF 2023 Shraddha W/o Vishal Gore Age : 26 years, Occu. : Household, C/o. Ganesh Gopinath Shelar, R/o. Wadgaon (Bk), Pathar Vasti, Near Water Tank, Sai Shraddha Niwas, Tq. Haveli, Dist. Pune .. Applicant

Versus

1.

Vishal S/o Sudhakar Gore Age : 30 years, Occu. : Labour, R/o. C-51, Ganesh Link Road, Bhushan Nagar, Kedgaon, Ahmednagar 2.

Nikhil S/o Arun Salve, Age : 27 years, Occu. : Service, R/o. Brahamanwada, Bazar Peth, Kotul, Tq. Akole, Dist. Ahmednagar.

.. Respondents Mr. Sharad S. Shinde, Advocate for the Applicant. Mr. Parikshit S. Mantri, Advocate h/f Mr. Avinash S. Deshpande, Advocate for Respondent No. 1.

CORAM :

KISHORE C. SANT, J.

DATED : 24th FEBRUARY, 2025.

P. C. :- .

Heard the parties for some time.

2.

This application is filed seeking transfer of matrimonial proceedings i.e. P.A. No. 302/2022 pending before the learned Family

2 11-MCA 163-2023.odt Court, Ahmednagar to the learned Family Court, Pune. 3.

It is the case of the applicant that, she is presently staying with her parents. There is no one to accompany her to attend the Court proceedings at Ahmednagar. She submits that, one maintenance proceeding is pending at Pune and complaint under Section 498-A of the Indian Penal Code is also filed at Pune. The husband is attending both the proceedings at Pune.

4.

The learned advocate for respondent No. 1 vehemently opposes the prayer.

5.

Considering the distance in two cities and that the applicant is a wife who find it difficult to travel to Ahmednagar to attend the proceedings, this Court finds that, it would be convenient for the wife to transfer the proceedings to the learned Family Court, Pune. Hence, the following order.

ORDER

(I) The misc. civil application stands allowed in terms of prayer clause (B).

(II) The applicant shall not seek unnecessary adjournment after the proceeding is transferred to the learned Family Court, Pune. If the

3 11-MCA 163-2023.odt Court finds that, the applicant is seeking unnecessary adjournments, the Court may pass appropriate order compensating the respondent. (III) After transfer of the proceeding, the learned Family Court shall make endeavour to dispose of the matrimonial proceeding as early as possible and preferably within eighteen months from the date of the transfer.

(IV) With this, the misc. civil application stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.