Dhanashri Nishant Pawar v. Nishant Vijay Pawar

2025:BHC-AUG:1283 1 45-MCA 213-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 213 OF 2024 Dhanashri Nishant Pawar Age : 33 years, Occu. : Household, R/o. C/o. Near Marathi School, Harivithal Nagar, Jalgaon, Dist. Jalgaon.

.. Applicant

Versus

Nishant Vijay Pawar Age : 39 years, Occu. : Service & Farmer, R/o. Near Bobde Colony, Tirupati Nagar, Khamgaon Tal. Khamgaon, Dist. Buldhana.

.. Respondent Mr. Kalpesh B. Suryawanshi, Advocate for the Applicant. CORAM :

KISHORE C. SANT, J.

DATED : 14th JANUARY, 2025.

P. C. :- .

In spite of service, none appears for respondent/husband. 2.

This application is filed seeking transfer of matrimonial proceedings i.e. H.M.P. No. 138/2024 filed by the respondent from the learned Civil Judge Senior Division, Khamgaon to the learned Family Court at Jalgaon.

3.

It is the case of the applicant that, at present, she is residing with her parents with two minor kids. There is no one to accompany her to

2 45-MCA 213-2024.odt travel to Khamgaon. The distance between two places is about 130 Kms. There are no proper travelling facilities. She is required to travel for at least 4.00 - 4.30 hours one way. It is further stated that, she has also filed proceedings under the Protection of Women from Domestic Violence Act, 2005 in the Court at Jalgaon where the respondent/husband has to attend the proceedings. The learned advocate for the applicant thus prays for allowing the application. 4.

Considering that, the applicant is a lady with two minor children, it is difficult for her to travel to Khamgaon only for attending the proceedings. As it is, the proceedings i.e. PWDVA No. 100/2024 is pending before the Court at Jalgaon this Court therefore finds that, it would be in the interest of justice to transfer the proceedings from the Court at Khamgaon to the learned Family Court at Jalgaon. 5.

In view of the same, the misc. civil application stands allowed in terms of prayer clause (b). Needless to say that, the applicant, after transfer of the proceedings, shall not seek unnecessary adjournments and shall co-operate in speedy disposal of the proceedings. 6.

The misc. civil application is disposed of.

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