Rajashri Shivprasad Gond @ Rajashri Rameshappa Sose v. Shivprasad Ramakant Gond

2025:BHC-AUG:31438 1 49-MCA 190-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 190 OF 2025 Rajashri Shivprasad Gond @ Rajashri Rameshappa Sose .. Applicant

Versus

Shivprasad Ramkant Gond .. Respondent Mr. Ketan D. Pote, Advocate for the Applicant. Mr. C. M. Ghodake, Advocate h/f Mr. Gaurav L. Deshpande, Advocate for the Respondent.

CORAM : KISHORE C. SANT, J.

DATE : 14th NOVEMBER, 2025.

PER COURT :- 1.

Heard learned advocates for the parties.

2.

The present application is filed by the wife seeking transfer of matrimonial proceeding from the Court of learned Judge, Family Court, Nanded to the Court of learned Judge, Family Court, Beed. It is the case of the wife that, the proceedings under section 498-A of the Indian Penal Code and Protection of Women from Domestic Violence Act are pending in the Court at Beed in which husband has already appeared. A two years daughter is residing

2 49-MCA 190-2025.odt with the applicant. It is difficult for her to travel to Nanded to attend the Court proceeding. The distance between two places is around 250 kms. one way. Thus, the learned advocate prays that, the proceeding be transferred to the Court at Beed. 3.

The application is vehemetnly opposed by learned advocate for respondent. He submits that, as a matter of fact, the wife is staying at Pune and not at Beed. This application is filed only to harass the husband and to transfer the proceeding at the place of her convenience.

4.

Considering the grounds recorded above, this Court finds that, it would be in the interest of justice to allow the application. Hence, following order.

ORDER

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

(II) After transfer of the proceeding, the applicant - wife shall not seek unnecessary adjournments. If unnecessary adjournments are sought, the Court may pass appropriate order compensating the respondent - husband if he personally remains present.

3 49-MCA 190-2025.odt (III) Whenever a request is made by the respondent - husband to allow him to appear through video conferencing, the same shall be considered liberally.

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