Shubhangi W/O Bhushan Ingle v. Bhushan S/O Ramesh Ingle

2025:BHC-AUG:29124 ( 1 ) mca318.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 72 MISC.CIVIL APPLICATION NO. 318 OF 2023 SHUBHANGI W/O BHUSHAN INGLE

VERSUS

BHUSHAN S/O RAMESH INGLE Mr. S.A. Jadhav, Advocate for the applicant (through VC). Mr. P.P. More h/f. Ms. R.V. Ghule, Advocate for sole respondent.

CORAM

: KISHORE C. SANT, J.

DATE : 13.10.2025 PC :- 01.

Heard learned Advocates for the parties. This application is filed by the wife seeking transfer of matrimonial proceeding bearing Petition A No. 160 of 2023 from the Court of learned Judge, Family Court, Aurangabad to the Court of learned Judge, Family Court, Buldhana. Though the wife is serving at Pune, however, it is stated that because of nature of her job, she is required to be in Vidharbha region. Her parents are residing at Deulgaon Raja. There are three proceeding pending in the Court of Deulgaon Raja; one under the provisions of Protection of Women from Domestic Violence Act, another proceeding is for maintenance under section 125 of the Cr.P.C. and third proceeding is filed against husband in the Court at Buldhana for the offence under section 498-A of the IPC. The wife thus prays for transfer of the proceeding to the Family Court, Buldhana.

02.

Learned Advocate for the respondent invites attention of this Court to the statement recorded of wife herself stating that she is residing and serving at Pune. He submits that as a matter fact, most of

( 2 ) mca318.23 the time, she is in Pune. It is her convenience that the matter is retained at Aurangabad, however, only to harass the respondent-husband, she wants the proceeding to be transferred to Buldhana. He also pointed out that in the Family Court premises at Aurangabad, the husband was assaulted by the wife and her relatives. Under such circumstances, there is apprehension that similar type of incident may happen even in Buldhana. He further submits that in the transfer petition, most of the witnesses are from Aurangabad, so after the transfer of the proceeding it is not only husband, but the witnesses who are to be examined will be put to inconvenience. He thus vehemently opposes this application. 03.

Presently the wife, as per her version, residing at Deulgaon Raja with her parents and since three proceedings are already pending in the Court at Deulgaon Raja, wherein the husband has already appeared, it would be proper to allow this application. Hence, the following order :- i) This Civil Application is allowed in terms of prayer clause (B).

ii) After transfer of the proceeding, the wife shall not seek adjournments. If it is found that the adjournments are unnecessarily sought, the Trial Court shall impose costs upon the wife thereby compensating the husband and the witnesses, if they personally remain present in the Court.

iii) If husband makes request for appearing through Video conference, the Trial Court shall consider said request liberally.

[KISHORE C. SANT, J.] snk/2025/Oct25/mca318.23