Yogesh Rajendra Deshmukh v. Smt Jaymala Alias Kiran Yogesh Deshmukh Alias Kiran Bhausaheb Deshmukh And Others

2025:BHC-AUG:26204 1 45-MCA 195-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 195 OF 2025 Yogesh Rajendra Deshmukh .. Applicant

Versus

Smt Jaymala @ Kiran Yogesh Deshmukh @ Kiran Bhausaheb Deshmukh And Others .. Respondents Mr. Aniruddha S. Pathak, Advocate for the Applicant. Mr. S. K. Chavan, Advocate for Respondent.

CORAM : KISHORE C. SANT, J.

DATE : 23rd SEPTEMBER, 2025.

PER COURT :- .

Heard the parties.

2.

This application is preferred by the husband seeking transfer of P.W.D.V. proceeding bearing Criminal Misc. Application No. 20/2024 from the Court of learned J.M.F.C., Parali Vaijanath to the Court of learned Judge, Family Court at Parbhani. 3.

It is the case of the husband that, there are multiple proceedings filed and pending. The husband is facing hardship in contesting the case at Parali Vaijanath. Therefore, the learned

2 45-MCA 195-2025.odt advocate prays that the proceeding be transferred. 4.

The learned advocate Mr. Chavan for respondent submits that, no case is made out for transfer of the petition. He further submits that, already the application for interim maintenance is heard by the Court at Parali Vaijanath. If the proceeding is transferred, the wife will have to again argue interim application before the Court at Parbhani.

5.

After hearing the parties, this Court finds that, one proceeding was initiated at Aurangabad i.e. already transferred to the Court at Parbhani at the instance of wife. Since wife has already prayed for transfer of earlier proceeding from the Court at Aurangabad this Court finds that, keeping the proceeding at Parali Vaijanath would not be convenient to both the parties as it is the wife who has shown her place of convenience is Parbhani and therefore, the earlier proceeding is transferred to Parbhani. Considering the above, this Court is inclined to allow the present application. Hence, following order :

ORDER

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

3 45-MCA 195-2025.odt (II) After transfer of the proceeding, no unnecessary adjournments be sought by the applicant - husband. If the Court finds that, unnecessary adjournments are sought, the Court may pass appropriate order compensating the respondent - wife. (III) Misc. Civil Applications stands disposed of. (IV) Parties to appear before the learned Judge, Family Court, Parbhani on 06.10.2025. No separate notice is required to be issued for that purpose. After transfer of the proceeding, the interim application be decided within two weeks from the date of transfer of the proceeding.

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