Mayuri Sudarshan Lokhande v. Sudarshan Kushaba Lokhande

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 4 MISC.CIVIL APPLICATION NO. 301 OF 2023 Mayuri Sudarshan Lokhande

VERSUS

Sudarshan Kushaba Lokhande ...

Doke Kishor R., Advocate for Applicant Mr. Ketan D. Pote h/f Mr. Arvind G. Ambetkar Advocate for Respondent. CORAM : KISHORE C. SANT, J.

DATE : 6th FEBRUARY 2025 PC :- 1.

Heard the parties.

2.

This application is moved with a prayer to transfer the Hindu Marriage Petition No.17 of 2023 pending in the Court of learned Civil Judge, Senior Division, Ahmednagar to the learned Family Court at Beed.

3.

The applicant is the wife who stays at Beed with one small kid. There are two proceedings already filed, one in family Court at Beed under Section 125 of the Cr.P.C. Another proceeding is under the Domestic Violance Act which is pending in the Court of learned JMFC, at

( 2 ) Beed. It is the case of the wife that, there is no one to accompany her to travel to Ahmednagar to attend the Court proceedings. It would be therefore convenient for her if the proceeding is transferred to the Family Court at Beed.

4.

Learned Advocate for the Respondent vehemently opposes the application. He submits that the distance is hardly about 125 k.m. There are facilities available for traveling. The proceeding is instituted in the Court having jurisdiction where the parties were residing together. He thus prays for rejection of the application.

5.

Considering the submission and the fact, the wife is required to travel with small child, it would be in the interest of justice to transfer the proceeding to the learned Family Court at Beed. 6.

In view of the above, the application stands allowed in terms of prayer clause (A).

7.

After the proceeding is transferred, the applicant-wife shall cooperate in speedy disposal of the proceedings without seeking unnecessary adjournments. If the Court finds that unnecessary adjournments are sought by the applicant, the Court shall deal with it to

( 3 ) compensate the respondent.

8.

The learned Judge, Beed shall try to dispose of the proceeding as early as possible and preferably within eighteen (18) months from the date of transfer of the proceeding.

9.

With this, application stands disposed of.

[KISHORE C. SANT, J.]