Shraddha Ketan Ballal v. Ketan Ashok Ballal
2025:BHC-AUG:26237 1 46-MCA 220-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 220 OF 2025 Shraddha Ketan Ballal .. Applicant
Versus
Ketan Ashok Ballal .. Respondent Mr. M. R. Deshmukh, Advocate for the Applicant. CORAM : KISHORE C. SANT, J.
DATE : 23rd SEPTEMBER, 2025.
PER COURT :- .
The learned advocate Mr. Deshmukh informs that, he has filed his Vakalatnama for the applicant.
2.
None appears for respondent in spite of service. 3.
Heard learned advocate Mr. Deshmukh for the applicant. 4.
This application is filed by the wife seeking transfer of Petition-A No. 137/2025 from the Court of learned Judge, Family Court, Pune to the Court of learned Judge, Family Court at Nanded.
2 46-MCA 220-2025.odt 5.
The learned advocate for the applicant submits that, presently the wife is residing at Nanded. The marriage has also taken place at Nanded. Prior to filing of the proceeding by the husband for divorce which is sought to be transferred, the wife has already filed application under section 9 for restitution of conjugal rights in the Court at Nanded. One case is also pending under section 498-A of the Indian Penal Code and under other sections at Nanded wherein, the husband is already appeared. The learned advocate thus submits that, it would be in the interest of justice to transfer the proceeding to the Court at Nanded. 6.
Considering above position and the fact that, in spite of service none has appeared for the respondent and to avoid conflicting judgments it is necessary that both the proceedings are heard by the same Court. Hence, following order :
ORDER
(I) Misc. Civil Application stands allowed in terms of prayer clause (B).
(II) After transfer of the proceeding, the applicant - wife shall not seek any unnecessary adjournments. If the Court finds that,
3 46-MCA 220-2025.odt unnecessary adjournments are sought by the applicant - wife, the Court may pass appropriate order compensating the respondent - husband if he attends the proceeding personally. (III) If request is made by the respondent - husband to appear through video conferencing, the same shall be liberally considered by the learned Trial Court.
(IV) With this, Misc. Civil Application stands disposed of. (V) Needless to say that, after transfer of the proceeding, the Court shall try application under section 9 as well as present proceeding i.e. Petition-A No. 137/2025 together to avoid conflicting decisions.
( KISHORE C. SANT, J. ) P.S.B.