Swati Ajit Rokde v. Ajit Suresh Rokde

2025:BHC-AUG:4167 1 9-MCA 210-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 210 OF 2021 Swati w/o Ajit Rokde Age : 37 years, Occu. : Household, C/o. Mahadeo Manohar Lokhande R/o. Muktabai Hospital, Near Ghatnandur, Tq. Ambajogai, Dist. Beed.

.. Applicant

Versus

Ajit s/o Suresh Rokde Age : 40 years, Occu. : Agri.

R/o. Anwali, Tq. Pandharpur, Dist. Solapur.

.. Respondent Mr. Aditya N. Kasane, Advocate h/f Mr. Prasad B. Kadam, Advocate for the Applicant.

Mr. Rohit S. Sarvadnya, Advocate for Respondent. CORAM :

KISHORE C. SANT, J.

DATED : 11th FEBRUARY, 2025.

P. C. :- .

Heard the parties.

2.

This application is for transfer of HMP No. 72/2020 pending before the Court of learned Civil Judge Senior Division, Pandharpur, District Solapur to the Court of learned Civil Judge Senior Division, Ambajogai, District Beed. The application is filed by the wife. 3.

It is stated that, the distance between two places is about

2 9-MCA 210-2021.odt 200 Kms. The wife is staying with her old aged parents. There is no one to accompany her for travel to Pandharpur for attending the Court proceeding. There are two children residing with the wife. The learned advocate for the applicant submits that, it would be in the interest of the parties to transfer the proceeding. 4.

The learned advocate Mr. Sarvadnya for respondent vehemently opposes the application. He submits that, the proceeding is pending since long in the Court having jurisdiction. No case is made out to transfer the proceeding. He further submits that, there is already proceeding pending bearing Criminal Misc. Application No. 247/2021 in the Court at Ambajogai. If, at all, the proceeding is transferred the learned Trial Court be directed to grant the dates of convenience of the husband.

5.

Considering the above, this Court is inclined to allow the application.

6.

The Misc. Civil Application stands allowed in terms of prayer clause (B).

7.

After transfer of the proceeding the applicant - wife shall not seek unnecessary adjournment and shall co-operate in early disposal of

3 9-MCA 210-2021.odt the petition. The learned Trial Court, as far as possible, shall grant the date in HMP No. 72/2020 as granted in Criminal Misc. Application No. 247/2021. Considering that, the proceeding is pending since long, the learned Trial court is expected to dispose of the same within a period of one (01) year from the date of such transfer. 8.

With this, the Misc. Civil Application stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.