Megha Tarun Singla v. Tarun Kewalkrushan Singla

2025:BHC-AUG:10350 07-MCA.270.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 7 MISC.CIVIL APPLICATION NO. 270 OF 2024 MEGHA TARUN SINGLA

VERSUS

TARUN KEWALKRUSHAN SINGLA ...

Mr. Sushant Vinayak Dixit, Advocate for Applicant. Mr. A. D. Hande, Advocate for Respondent.

...

CORAM :

KISHORE C. SANT, J.

DATE :

4th APRIL 2025 P.C.:- .

Heard learned counsel for the respective parties for some time.

2.

This application is for transfer of matrimonial proceedings from the Court of learned Judge, Family Court, Bandra to the Family Court, Jalna. The wife has approached this Court stating that she is a lady finding it difficult to attend the Court at Bandra. One son aged three years is staying with her at Jalna. One proceeding is already going on filed by her in Jalna for divorce. It is also stated that even the husband has filed proceedings under Guardians and Wards Act for custody of child in the Court at Jalna. It is, therefore, in the interest of justice to transfer the proceedings to the Court at Jalna, the application is vehemently opposed by the learned counsel for the Respondent. He submits that the Applicant-wife is an Advocate practising in the Court at Delhi. She frequently travels with son. It is not difficult for her to

07-MCA.270.2024 travel to Bandra, as her brother is also a legal practitioner in Mumbai. It is also stated that when the husband attended the Court at Jalna, twice he was assaulted by the brother and father of the Applicant. If the proceeding is transferred, there is more danger to his life, there is apprehension of such incident. There is one more proceeding is filed under Domestic Violence Act by the wife that is also pending. 3.

After hearing parties, this Court noted that the proceedings filed by the husband for restitution of conjugal rights and the proceedings filed by the wife is for divorce. It is, therefore, necessary to avoid possibility of conflicting judgements to transfer that both the proceedings are decided by the same Court. On this ground also, this Court is inclined to allow the application. The application is, therefore, allowed in terms of prayer clause (a). After transfer of the petition, the Applicant shall not seek unnecessary adjournment. If any adjournment is unnecessarily sought, the Court may pass appropriate order compensating the husband. If the Respondent makes a request for appearing through V.C., such request shall be considered liberally by the Trial Court.

4.

In above terms, the application stands disposed of. (KISHORE C. SANT, J.) Tauseef