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Bombay High CourtMCA/196/2024application allowed

Swati Priyesh Gaikwad v. Priyesh Harishchandra Gaikwad

2025-02-17Hon'Ble Shri Justice Kishore C. Sant2 pages

2025:BHC-AUG:4983 ..3..

8-mca-196-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 MISC.CIVIL APPLICATION NO. 196 OF 2024 SWATI PRIYESH GAIKWAD

VERSUS

PRIYESH HARISHCHANDRA GAIKWAD ...

Advocate for Applicant : Mr. Mahesh K. Bhosale (through V.C.) Advocate for Respondent : Mr. R/sole Served Through Father ...

CORAM : KISHORE C. SANT, J.

DATE : 17.02.2025 PER COURT :

1.

Heard the learned Advocate for the applicant. 2.

None for the respondent in spite of service of notice. 3.

This application is moved seeking transfer of matrimonial proceedings bearing Petition No.A 1864 of 2023 pending before the Court of learned Judge, Family Court, Bandra to the Court of learned Civil Judge, Senior Division, Shrirampur, Dist. Ahmednagar. 4.

It is submitted that the applicant-wife lodged complaint with Shrirampur City Police Station for the offences punishable under Section 498-A, 420, 406, 34 of the Indian Penal Code.

..3..

8-mca-196-24 5.

The learned counsel for the applicant submits that the distance between Bandra and Shrirampur is about 268 kms. There is no one to accompany her to travel to attend the Court proceeding at Bandra. She has no source of income. She thus prays for transfer of proceeding. 6.

In view of the above, Application is allowed in terms of prayer clause (A).

7.

After the proceeding is transferred, the applicant-wife shall cooperate in speedy disposal of the proceedings without seeking unnecessary adjournments. If the Court finds that unnecessary adjournments are sought by the applicant, the Court may pass appropriate order compensating the respondent whenever he attends the court proceedings.

8.

The learned Civil Judge, Senior Division, Shrirampur shall try to dispose of the proceeding as early as possible and preferably within eighteen (18) months from the date of transfer of the proceeding. 9.

With this, application stands disposed off.

( KISHORE C. SANT ) JUDGE shp/-