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Bombay High CourtMCA/230/2025application allowed

Jaya Lokesh Chopda (Chopra) v. Lokesh Mohanlal Chopda (Chopra)

2025-12-04Hon'Ble Shri Justice Kishore C. Sant3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 230 OF 2025 Jaya Lokesh Chopda (Chopra) ....Applicant

VERSUS

Lokesh Mohanlal Chopda (Chopra) .....Respondent Mr. A. G. Mulange, Advocate holding for Mr. J. V. Patil, Advocate for Applicant.

Mr. B. S. Dhawane, Advocate for the Respondent. CORAM : KISHORE C. SANT, J.

DATE : 4th DECEMBER, 2025.

PER COURT :

1.

Heard learned Advocates for the parties.

2.

This Application is filed by the wife seeking transfer of the matrimonial proceeding pending in the Family Court at Jalgaon to the Court of learned Civil Judge Senior Division, Hinganghat, Dist. Wardha.

3.

Learned Advocate for the Applicant submits that the distance between the two places is about 450 kms. It is difficult for the wife to travel such a distance for attending the proceeding at Jalgaon. There is no one to accompany her. He, thus, prays to allow the Application. 4.

The Application is vehemently opposed by learned Advocate for the Respondent. He submits that there is old aged mother of the

- 2 - Respondent staying with him. There is no one to look after her. The wife is earning handsome amount and there is no difficulty for her to attend the Court at Jalgaon. He, therefore, prays to dismiss the Application.

5.

Considering that the distance between the two places is more than 450 kms., it is certainly difficult task for a lady to travel such a distance to and fro in a day to attend the proceeding. This Court, therefore, finds that it would be in the interest of justice to allow the Application. Application is, therefore, allowed in terms of prayer clause 'A'. 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) The proceeding filed by wife under Section 9 of Hindu Marriage Act for restitution of conjugal rights be clubbed with Petition No. A-119/2025.

(vi) If request is made by the husband for appearing through vide conferencing, such request be considered liberally.

(KISHORE C. SANT) Judge dyb