Manisha Vishal Jadhav v. Vishal Venkat Jadhav
2025:BHC-AUG:28634 1 947-MCA 326-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 326 OF 2024 Manisha Vishal Jadhav .. Applicant
Versus
Vishal Venkat Jadhav .. Respondent Mr. P. S. Koshti, Advocate for the Applicant. Mr. Bhushan B. Lahane, Advocate for Respondent. CORAM : KISHORE C. SANT, J.
DATE : 09th OCTOBER, 2025.
PER COURT :- 1.
Heard the parties for some time.
2.
This application is filed by the applicant - wife seeking transfer of matrimonial proceedings i.e. Marriage Petitin No. 781/2024 from the Court of learned C.J.S.D. Kalyan to the Court of learned C.J.S.D., Omerga.
3.
It is the case of the applicant - wife that, she is residing at Omerga with her old aged parents. There is no one to accompnay her to travel to kalyan for attending the dates. Therefore, the learned advocate for the applicant submits that, it is in the interest
2 947-MCA 326-2024.odt of justice to transfer the proceedings to the Court at Omerga. 4.
The learned advocate for the respondent vehemently opposes the prayer. He submits that, mere convenience of the wifre is no ground to transfer the proceeding from one place to other. He relies upon the judgment passed in Misc. Civil Application No. 51/2025 in the case of Amruta Vs. Sachin by this Court at Principal Seat at Mumbai dated 01.08.2025. 5.
This Court in the said order rejected the application stating that the wife can appear through video conferencing. The trial was at advanced stage and on that count rejected the application. In the present case, the proceeding is filed on 16.04.2024. The application is filed on 06.09.2024. The application is filed immediately after receiving the notice from the Court at Kalyan. 6.
This Court thus finds that, the judgment in the case of Amruta Vs. Sachin differs on fact. By now, it is well settled that the proceeding normally be transferred looking to the convenience of the wife where she resides. Therefore, this Court is allowing the application. Hence, following order :
3 947-MCA 326-2024.odt
ORDER
(I) Misc. Civil Application stands allowed in terms of prayer clause (B).
(II) After transfer of the proceeding, the applicant - wife shall not seek any unnecessary adjournments. If unnecessary adjournments are sought, the Court may pass appropriate order compensating the respondent - husband if he remains personally present in the Court.
(III) As far as possible, the respondent - husband be allowed to appear through video conferencing.
(IV) With this, Misc. Civil Application stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.