Pratiksha Akash Paikrao v. Akash Bhanudas Paikrao
2024:BHC-AUG:25457
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 979 MISC. CIVIL APPLICATION NO. 322 OF 2023 PRATIKSHA AKASH PAIKRAO
VERSUS
AKASH BHANUDAS PAIKRAO ...
Advocate for Applicant : Mr.G.L.Kedar ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 11.10.2024 P.C. :
1] When the matter was called out on 20th June, 2024, none appeared for the respondent and the matter was adjourned to 12th July, 2024. However, it was clarified that if none appears on that day for and on behalf of Respondent, the matter would be decided. Today also, none appeared for the respondent.
2] By the present application, the applicant seeks transfer of Marriage Petition No. 421/2023 filed by the respondent-husband from the Civil Judge Senior Division, Thane to Civil Judge Senior Division at Ambajogai, District Beed.
3] It is the contention of the applicant that the marriage between the applicant and respondent was
solemnized on 04.11.2019 and that on account of matrimonial dispute, the applicant is residing with the parents at Parli, District Beed. It is further contention of the applicant that the applicant filed proceedings under Domestic Violence Act, so also, the proceedings under Section 125 of Criminal Procedure Code against the respondent-husband at Parli, District Beed. The applicant has also filed proceedings under Section 498-A, 323 and 504 r/w. 34 of the Indian Penal Code against the respondent-husband at Parli. It is further contention of the applicant that the applicant is residing with her parents and the applicant has no source of income, whereas the respondent-husband is doing some private job. The respondent-husband is already attending the proceedings at Parli Vaijinath, therefore, it would not be difficult for the respondent-husband to conduct the proceedings at Ambajogai.
4] Considering the submissions of the applicant, the Misc. Civil Application is allowed in terms of prayer clause-C, more particularly for the reason that the respondent-husband is already attending the proceedings instituted by the applicant-wife at Parli.
5] However, on such transfer, it is directed that the applicant-wife would seek common dates in all the proceedings so as to avoid inconvenience to the respondent
husband. It is also directed to the Court at Ambajogai and Parli Vaijinath to permit the respondent-husband to appear through Video Conferencing wherever it is possible so as to avoid inconvenience to the respondent-husband. 6] With the above observations, the present Misc. Civil Application is disposed of.
[ARUN R. PEDNEKER] JUDGE DDC