Smt Seema Laxman Havane v. Laxman Bhaskar Havane

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 MISC. CIVIL APPLICATION NO. 319 OF 2023 Smt Seema Laxman Havane

VERSUS

Laxman Bhaskar Havane ...

Mr. Ketan D. Pote h/f Mr.Arvind G. Ambetkar, Advocate for Applicant. Mr. Ashok A. Munde Advocate for Respondent.

CORAM : KISHORE C. SANT, J.

DATE : 31st JANUARY 2025 PC :- 1.

Heard the learned Advocates for the parties.

2.

This application is filed for transfer of Hindu Marriage Petition No.42 of 2023 from the Court of learned Joint Civil Judge, Senior Division, Majalgaon Dist. Beed to the Court of learned Civil Judge, Senior Division, Ahmednagar.

3.

It is stated that the applicant-wife is resident of Pathardi. The distance between two cities is around 125 k.m. She stays with child of five years. It is therefore difficult for her to attend the Court at Majalgaon. There are three more proceedings initiated by the wife i.e.

( 2 ) Criminal Case under Sections 498-A, 323, 504, 506 of IPC in which now charge-sheet is filed and the case is pending before the learned JMFC, Pathardi. Another proceeding is filed under Section 125 of the Cr.P.C. for maintenance and the third proceeding is filed at Parthardi under the Domestic Violence Act. In all these proceedings, the respondenthusband is attending the Court. She thus submits that, it would be convenient for her, if the proceeding is transferred to the Court at Ahmednagar.

4.

The application is vehemently opposed by the learned Advocate for the Respondent-husband. However, looking to the convenience of the applicant-wife, this Court is inclined to allow the application. Hence, the following order:-

ORDER

(i) Application is allowed in terms of prayer clause (C). (ii) After the proceeding is transferred, the applicant shall co-operate 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 compensate the

( 3 ) respondent.

(iii) The learned Judge, Ahmednagar shall try to dispose of the proceeding as early as possible and preferably within one year from the date of transfer of the proceeding.

(iv) With this, application stands disposed of.

[KISHORE C. SANT, J.]