Sapna Sachin Borgave Alias Sapna Bhalchandra Vibhute v. Sachin Baburao Borgave

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 226 OF 2025 Sapna Sachin Borgave Alias Sapna Bhalchandra Vibhute ....Applicant

VERSUS

Sachin Baburao Borgave .....Respondent Mr. A. A. Joshi, Advocate holding for Mr. S. V. Natu, Advocate for Applicant.

Mr. A. A. Fulfagar, Advocate for the Respondent. CORAM : KISHORE C. SANT, J.

DATE : 4th DECEMBER, 2025.

PER COURT :

1.

Heard learned Advocate for the parties.

2.

This Application is filed by the Applicant seeking transfer of matrimonial proceeding bearing HMP No. 187/2024 pending in Family Court, Satara to the Court of learned Civil Judge Senior Division, Kopargaon.

3.

It is the case of the wife that she has already filed one proceeding for maintenance under Section 125 of the Code of Criminal Procedure in the Court at Kopargaon. Another proceeding is filed by her under Protection of Women from Domestic Violence Act at Kopargaon. The proceedings filed by the wife are prior in time. The husband has subsequently filed Petition under Section 9 of the

- 2 - Hindu Marriage Act at Satara. The husband has already appeared in the Court at Kopargaon. By pointing out above aspects, learned Advocate for the Applicant prays that the Application be allowed. 4.

The Application is vehemently opposed by learned Advocate for the Respondent. However, considering that two proceedings are already pending in the court at Kopargaon and those are prior in time, this Court finds that this is a fit case to transfer the proceeding pending at Satara to the Court at Kopargaon. The Application, is, therefore, allowed in terms of prayer clause 'B'. Hence, the following order :-

ORDER

(i) Application is allowed.

(ii) After transfer of the proceeding, the Court shall grant dates as per the dates granted in other proceedings.

(iii) The wife shall not seek unnecessary adjournment.

(iv) If unnecessary adjournments are sought, the Court may pass appropriate order.

- 3 - (v) If request is made by the husband for appearing through video conferencing, such request be considered liberally.

(KISHORE C. SANT) Judge dyb