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Bombay High CourtMCA/180/2023application allowed

Sau Jyoti Swapnil Deshmukh v. Swapnil Raosaheb Deshmukh

2025-02-20Hon'Ble Shri Justice Kishore C. Sant3 pages

2025:BHC-AUG:5147

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 4 MISC.CIVIL APPLICATION NO. 180 OF 2023 SAU JYOTI SWAPNIL DESHMUKH

VERSUS

SWAPNIL RAOSAHEB DESHMUKH ...

Advocate for Applicant : Mr. B. A. Shinde Advocate for Respondent sole : Mr. Umesh Gite h/f. Mr. M. S. Deshmukh ...

CORAM

: KISHORE C. SANT, J.

Dated : February 20, 2025 PER COURT :- 1.

Heard the learned Advocate for the applicant and learned Advocate for the respondent.

2.

This application is filed for transfer of Hindu Marriage Petition No. A 852/2022 pending before the learned Family Court, Nashik to the Court of Civil Judge, Senior Division, Ambajogai.

3.

The learned Advocate for the applicant submits that the distance is about 400 kms. The applicant-wife is staying with her old age parents. The applicant-wife has one son and one daughter who are also staying with her. There is

no one to accompany her.

4.

The learned Advocate for the respondent vehemently opposed the application. He has also filed an affidavit in reply. However, considering the facts stated above, this Court is inclined to allow the application. Hence following order :

ORDER

i.

The Miscellaneous Civil Application is allowed in terms of prayer clause "B".

ii.

Whenever possible, the respondent-husband shall appear through video conferencing.

iii.

The applicant-wife shall not seek any unnecessary adjournments. If the Court finds that unnecessary adjournments are sought by applicant-wife, the Court may pass appropriate order compensating the respondent-husband, if he personally remains present.

iv.

The proceedings be decided as early as possible

and preferably within 18 months from the date of such transfer.

v.

The Miscellaneous Civil Application stands disposed off.

( KISHORE C. SANT, J. ) PRW