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Bombay High CourtMCA/322/2024application allowed

Snehal Avinash Gawali @ Snehal Jiwaraj Tayade v. Avinash Pundlik Gawali

2025-04-04Hon'Ble Shri Justice Kishore C. Sant2 pages

2025:BHC-AUG:10349 05-MCA.322.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 5 MISC.CIVIL APPLICATION NO. 322 OF 2024 SNEHAL AVINASH GAWALI @ SNEHAL JIWARAJ TAYADE

VERSUS

AVINASH PUNDLIK GAWALI ...

Mr. Azizoddin R. Syed a/w. Mr. Vinod S. Ingale, Advocate for Applicant. Mr. A. P. Gawali, Party In Person-Respondent. ...

CORAM :

KISHORE C. SANT, J.

DATE :

4th APRIL 2025 P.C.:- .

Heard learned counsel for the Applicant and the Respondent appearing in person through V.C.

2.

The application is filed seeking transfer of matrimonial proceedings i.e. Marriage Petition A/420/2024 from the Court of learned Judge, Family Court, Thane to the Court of learned Civil Judge, Senior Division, Bhusawal. It is stated that the distance between two cities is around 380 kms. One case i.e. PWDVA No.36 of 2024 is already filed by the Applicant which is pending in the Court of learned Judicial Magistrate First Class, Muktainagar. The Respondent has already appeared in the said proceedings. The Respondent-party-inperson vehemently opposes the application. He submits that, he is in service in Thane. It is difficult for him to get leave to attend the Court proceedings. Care can be taken of his interest by following order and

05-MCA.322.2024 hence the following order is passed:- (i) The application stands allowed in terms of prayer clause (c).

(ii) After transfer of the proceedings, the learned Court try to dispose of the proceedings as early as possible and preferably within one year.

(iii) The Applicant-wife shall not seek any unnecessary adjournment. If any unnecessary adjournment is sought, the Court to pass appropriate order compensating the Respondent. If the Respondent makes a request to appear through V.C., the said request shall be considered by the Court. With this, the application stands allowed and disposed of.

(KISHORE C. SANT, J.) Tauseef