Daiwshala Vikas Kalyankar v. Vikas Satish Kalyankar

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 81 MISC.CIVIL APPLICATION NO. 209 OF 2025 Daiwshala Vikas Kalyankar

VERSUS

Vikas Satish Kalyankar ...

Mr. Sumit Anilrao Solanke, Advocate for Applicant. Mr. V. S. Wakale h/f Mr. S. A. Solanke, Advocate for respondent. CORAM : KISHORE C. SANT, J.

DATE : 24th NOVEMBER 2025 PC :- 1.

Heard the learned Advocate for the applicant. 2.

This application is filed by the applicant wife seeking transfer of the matrimonial proceeding of Hindu Marriage Petition No.362 of 2024 from the Court of learned Civil Court Senior Division, Baramati to the Court of learned Civil Judge Senior Division Majalgaon. 3.

It is the case of the applicant wife that presently she is residing with her old age parents at Majalgaon. She finds it difficult to travel to Baramati to attend the court proceeding as the distance between two

( 2 ) places is around 250 k.m. There is no one to accompany her to attend the Court proceeding. One complaint is already filed for the offence punishable under Section 498-A of the IPC wherein the husband has already appeared in the Court at Majalgaon. The learned Advocate for the applicant therefore submits that this is a fit case where the transfer order needs to be passed.

4.

The application is vehemently opposed by the learned Advocate for the respondent-husband.

5.

However, looking to the fact that the applicant is wife and the distance between two places is more than 250 k.m., this Court is inclined to allow the application. Hence, the following order:

ORDER

(i) Misc. Civil Application stands allowed.

(ii) The proceedings of Hindu Marriage Petition pending before the Court of learned Civil Court Senior Division, Baramati stands transferred to the Court of learned Civil Judge Senior Division Majalgaon. (iii) After transfer of the proceeding, the applicant shall not seek

( 3 ) unnecessary adjournments. In case the Trial Court finds that the adjournments are unnecessarily sought, the Trial Court may deal with such application, so as to compensate the respondent-husband, if he personally remains present.

(iv) After transfer the learned Trial Judge shall try to dispose off the proceeding as early as possible and preferably within one (1) year from the date of transfer.

(v) Whenever request is made by the respondent-husband seeking permission to appear through video conferencing, the same shall be considered liberally by the trial Court.

(vi) With this, Misc. Civil Application stands disposed off. [KISHORE C. SANT, J.] D.A.Ethape