Sau. Surekha W/O. Shashimohan Bhandurge v. Shri. Shashimohan Pralhadrao Bhandurge

2025:BHC-AUG:3255 ( 1 ) mca193.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 3 MISC.CIVIL APPLICATION NO. 193 OF 2024 SAU. SUREKHA W/O. SHASHIMOHAN BHANDURGE

VERSUS

SHRI. SHASHIMOHAN PRALHADRAO BHANDURGE Mr.Yogesh B. Bolkar, Advocate for the applicant.

CORAM

: KISHORE C. SANT, J.

DATE : 04.02.2025 PC :- 01.

Heard learned Advocate for the applicant. None for the respondent inspite of service of notice.

02.

The proceeding of HMP No.186 of 2020 filed by the respondent is sought to be transferred from the Court of learned CJSD, Bhusawal to the Court of learned CJSD, Washim. The proceeding is initiated by the respondent. It is case of the wife that distance between Bhusawal and Washim is around 220 kms. At Washim there are two proceedings pending, which are filed by the applicant wife; one under section 125 of the Criminal Procedure Code for maintenance and another proceeding is under the provisions of the Protection of Women from Domestic Violence Act. Since the respondent has to appear in both the proceedings a Washim, it is submitted that it will be in the interest of

( 2 ) mca193.24 justice to transfer the case at Washim. One additional ground raised is that the applicant is suffering from Cancer and for that reason also she is not in a position to undertake travel. The learned Advocate for the applicant prays for allowing the application. 03.

Considering the above facts and since no one has appeared for the respondent inspite of service of notice, this Court is inclined to allow the application with following directions.

ORDER

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

(ii) The Trial Court is expected to dispose off the proceeding as early as possible and preferably within 18 months from the date of transfer.

(iii) The applicant shall not seek any unnecessary adjournment. If the Trial Court finds that the adjournments are unnecessarily sought, the Trial Court shall pass appropriate orders to compensate the husband, if he remains personally present on the dates. [KISHORE C. SANT, J.] snk/2025/jan25/mca193.24