Radha Umesh Hake v. Umesh Baliram Hake

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 968 MISC.CIVIL APPLICATION NO. 224 OF 2025 Radha Umesh Hake

VERSUS

Umesh Baliram Hake ...

Mr. Ramraje D. Kawade, Advocate for Applicant. None for the respondent.

CORAM : KISHORE C. SANT, J.

DATE : 15th OCTOBER 2025.

PC :- 1.

Heard the learned Advocates for the parties.

2.

The applicant-wife has approached this Court seeking transfer of the proceeding bearing Hindu Marriage Petition No. 565/2025, filed by the respondent-husband in the Court of learned Joint Civil Judge, Senior Division, Pune, to the Court of learned Judge, Family Court at Osmanabad.

3.

It is submitted that the applicant-wife is staying with two school going children aged 10 and 8 years. Presently, she is residing in the

( 2 ) house of her father, who is a laborer. The distance between two places is around 250 k.m. There is no one to accompany her to attend the Court proceeding at Pune. One proceeding under the Domestic Violence Act is already filed and pending in the Court at Osmanabad that is filed in 2021. Though there is order dated 11-04-2022, directing the husband to pay interim maintenance, till the husband has not paid the maintenance amount to her. The learned Advocate, therefore, submits that under such circumstances, it is very difficult for the wife to attend the court at Pune. 4.

Inspite of service none appears for the respondent. 5.

This Court presumes that the respondent-husband has no serious objection to the prayers made in the application. Considering above, following order:-

ORDER

(i) Misc. Civil Application stands allowed.

(ii) The proceedings of Hindu Marriage Petition No.565/2025, pending in the Court of learned Joint Civil Judge, Senior Division, Pune stands transferred to the Court of learned Judge, Family Court at

( 3 ) Osmanabad.

(iii) After transfer of the proceeding, the applicant shall not seek 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) 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.

(v) With this, Misc. Civil Application stands disposed off. [KISHORE C. SANT, J.]