Kalyani W/O Vaibhav Dalvi v. Vaibhav S/O Dnyandev Dalvi
2025:BHC-AUG:1284 1 46-MCA 242-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 242 OF 2024 Kalyani w/o Vaibhav Dalvi Age : 28 years, Occu. : Nil, R/o. c/o. Ramesh Rambhau Gawali Plot No. R. H. 40/21 Ashvamedh Housing Society Waluj, Tq. & Dist. Chhtrapati Sambhajinagar.
.. Applicant
Versus
Vaibhav s/o Dnyandev Dalvi Age : 33 years, Occu. : Service R/o. Plot No. 3, Z.P. Colony, Agarkar mala, Ahmednagar, Tq. & Dist. Ahmednagar.
.. Respondent Mr. V. B. Kale, Advocate for the Applicant.
CORAM :
KISHORE C. SANT, J.
DATED : 14th JANUARY, 2025.
P. C. :- .
Heard.
2.
In spite of service, none appears for respondent. 3.
This application is filed seeking transfer of H.M.P. No. 303/2023 pending before the learned Judge, Family Court at Ahmednagar to the Court of learned Judge, Family Court at Aurangabad. The respondent has filed H.M.P. in the Court at Ahmednagar.
4.
It is the case of the applicant that, even prior to filing of H.M.P.
2 46-MCA 242-2024.odt she has initiated proceedings under the Protection of Women from Domestic Violence Act, 2005 bearing Application No. 560/2023. One more application is filed bearing Criminal Misc. Application No. 3207/2023. She has also lodged a complaint for the offences punishable under Sections 498-A, 323, 504 and 506 of the Indian Penal Code. All these proceedings are presently going on before the Court at Aurangabad. Presently, she is residing with her parents. The is no one to accompany her to attend the proceedings at Ahmednagar. 5.
Considering the above aspects, this Court finds that, in the interest of justice the application needs to be allowed. Therefore, the misc. civil application is allowed in terms of prayer clause (C). Needless to say that, after transfer of the proceedings, the applicant shall not seek unnecessary adjournments and shall co-operate the Court in speedy disposal of the petition.
6.
The misc. civil application is disposed of.
( KISHORE C. SANT, J. ) P.S.B.