Sakshi Santosh Hange v. Rajesh Jivraj Chole And Others

2025:BHC-AUG:25342 1 915-MCA 283-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 283 OF 2025 Sakshi D/o Santosh Hange .. Applicant

Versus

Rajesh S/o Jivraj Chole And Others .. Respondents Mr. Aashish T. Jadhavar, Advocate for the Applicant. Mr. S. R. Shirsath, Advocate for Respondent No. 1. CORAM : KISHORE C. SANT, J.

DATE : 19th SEPTEMBER, 2025.

PER COURT :- .

At the outset, learned advocate for the applicant seeks leave to delete respondent Nos. 2 to 6 as no relief is claimed against them and they are joined as formal parties being parties in original proceedings.

2.

Leave is granted at the risk of the applicant. 3.

The learned advocate Mr. Shirsath appears suo motu for respondent No. 1. Therefore, the matter is taken up for final disposal by consent of the parties.

2 915-MCA 283-2025.odt 4.

Heard the parties for some time.

5.

This application is preferred by the applicant for transfer of proceeding of H.M.P. No. 360/2025 from the Court of learned Civil Judge Senior Division, Pune to the Court of learned Civil Judge Senior Division, Ambajogai. A further prayer is made to transfer the proceeding of R.C.S. No. 494/2025 pending in the Court of learned Civil Judge Senior Division, Beed to the Court of learned Civil Judge Senior Division, Ambajogai. 6.

The facts in short as per the allegation are that, respondent No. 1 forced the applicant to get married with him. The marriage in fact has not taken place and still the respondent No. 1 took her to Pune. From there with the help of parents she came back and presently she is residing at Adarsh Colony, Ambajogai with her parents. It is her case that, respondent No. 1 filed one H.M.P. No. 360/2025 in the Court at Pune. He also filed one proceeding i.e. R.C.S. No. 494/2025 in the Court at Beed seeking injunction restraining the applicant and respondent Nos. 2 to 6 from performing her marriage with any other person. Both the proceedings are filed at different places. A prayer is therefore

3 915-MCA 283-2025.odt made to transfer the proceedings at one place. On merits, it is the case of the applicant that, she has never married with respondent No. 1. The parties are fighting on this dispute. Being the application for transfer of the proceedings, this Court need not go into merits of the proceedings.

7.

The learned advocate for respondent No. 1 vehemently opposes the application. He submits that, the applicant was residing with him at Pune and therefore, it is Pune Court which has jurisdiction and as such the proceeding is rightly filed at Pune. So far as R.C.S. No. 494/2025 is concerned, he submits that, since the defendants in that suit i.e. present applicants and respondent Nos. 2 to 6 are residing in the jurisdiction of the Beed Court, a suit is filed at Beed. No intentions can be doubted. He submits that, in fact, applicant is also residing at Nandur Ghat which is near to Beed and Ambajogai and for that purpose there is no need to transfer the proceeding even pending in the Court at Beed. 8.

From the facts, the applicant is staying with her parents at Ambajogai. It is desirable to transfer both the proceedings to the Court at Ambajogai. In view of the same, both the proceedings

4 915-MCA 283-2025.odt i.e. H.M.P. No. 360/2025 from the Court of Pune and R.C.S. No. 494/2025 from the Court of Beed stand transferred to the Court at Ambajogai.

9.

The Misc. Civil Application stands disposed of accordingly. 10.

The learned Judge after transfer of the proceedings is expected to expedite the proceedings looking to the nature of dispute.

11.

Parties to act upon authenticated copy of this order. ( KISHORE C. SANT, J. ) P.S.B.