Surekha Alias Samrudhhi Vilas Koli And Another v. Vilas Kashinath Koli

2025:BHC-AUG:9727 (1) THIS ORDER IS CORRECTED AND UPLOADED IN VIEW OF THE ORDER DATED 28-03-2025.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 3 MISC.CIVIL APPLICATION NO. 1 OF 2023 SUREKHA ALIAS SAMRUDHHI VILAS KOLI AND ANOTHER ....Applicant

VERSUS

VILAS KASHINATH KOLI .....Respondents Mr. Satish A. Gaikwad, Advocate for the petitioner Mr. A. B. Kharosekar, Advocate for the respondent CORAM : KISHORE C. SANT, J.

DATE : 19th MARCH, 2025 P. C.

1.

Heard the parties for sometime.

2.

This application is by the wife seeking transfer of the matrimonial proceeding from the learned Family Court at Aurangabad to learned Additional District Court, Biloli. 3.

It is the submission of the learned advocate for the

(2) applicant that already proceedings bearing PWDVA No. 12/2021, RCC No. 78/2019 in respect of 498-A are pending in the Court at Biloli. There is one proceedings bearing Petition No.E-36/2021 pending before the learned "JMFC, Biloli" filed under Section 125 of the Cr. P. C. The children are also residing at Biloli. He, thus, submits that it is in the interest of justice to transfer the proceedings at learned Additional District Court, Biloli.

4.

The learned advocate for the respondents vehemently opposed the application. He submits that respondent is in service in Aurangabad. He requires to take leave to attend the court proceedings which causes more hardship to him. He is ready to give traveling expenses to the wife. Therefore, he prays for rejection of the application. 5.

After considering the submission of parties, this court finds that it would be in the interest of justice to transfer the proceeding from the Court at Aurangabad to the Court at Biloli.

(3)

ORDER

(i) Proceeding bearing Petition No.D-24/2019 under section 5 & 6 of the Guardians & Wards Act, pending before the learned Family Court, Aurangabad stands transferred to the court of learned Additional District Court, Biloli.

(ii) After the proceeding is transferred, the learned District Court shall try to dispose of the proceeding as early as possible and preferably within one year from the date of transfer.

(iii) The learned District Court shall give suitable dates considering the dates given in other proceedings.

(iv) The respondent is at liberty to request the

(4) concerned Court for appearing through video conference.

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

[KISHORE C. SANT, J.] VishalK/3mca1.23speaking