Pooja Manohar Badgujar v. Manohar Sudam Badgujar

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 3 MISC.CIVIL APPLICATION NO. 288 OF 2024 POOJA MANOHAR BADGUJAR ....Applicant

VERSUS

MANOHAR SUDAM BADGUJAR .....Respondent Mr. Priyanka Shinde, Advocate h/f Mr. Chaitanya Deshpande, Advocate for the applicant Mr. Rahul Kadam, Advocate for the respondent CORAM : KISHORE C. SANT, J.

DATE : 25th MARCH, 2025 P. C.

1.

Heard the learned advocate for the applicant and the learned advocate for the respondent.

2.

This application is for transfer of matrimonial dispute bearing Petition NO. 237/2024 pending in the court of CJSD, Kalyan to the court of CJSD, Dhule.

3.

It is the case of the applicant that she is staying with

(2) her mother. There is no one to accompany her to attend the court at Kalyan. Her son aged 5 years also is staying with her. She thus prays for transfer of the proceeding at Dhule. 4.

The learned advocate for the respondent vehemently opposed the request. He submits that the husband is ready to bear traveling expenses of the applicant to attend the court proceeding at Kalyan. He submits that he was attacked by the relatives of the applicant at Dhule and therefore, he was required even to file FIR against the present applicant at Dhule. He apprehends attack at the hands of applicant. Thus, he prays for rejection of the application.

5.

Considering the submission this court finds force in the submission of the applicant that it is difficult for her to attend the court at Kalyan alongwith her son aged 5 years. So far as FIR is concerned it is seen that the offence is registered as NC. It thus, appears from the record that no cognizance was taken place even by the police. There is no serious allegations.

(3) 6.

Considering the above, this court does not find any merit in the submission of the learned advocate for the respondent. Hence, the following order :

ORDER

(i) The Misc. Civil Application is allowed in terms of prayer Clause-B.

(ii) After the proceeding is transferred, the learned CJSD, Dhule shall try to dispose of the proceeding as early as possible and preferably within eighteen months from the date of transfer.

(iii) The Family Court shall give suitable dates considering the dates given in other proceedings, if any.

(iv) The respondent is at liberty to request the concerned Court for appearing through video

(4) conference.

(v) The applicant shall not seek unnecessary adjournments and shall co-operate in speedy disposal of the case.

[KISHORE C. SANT, J.] VishalK/3mca288.24