Sau Anjali Akshay Kandekar v. Akshay Popatrao Kandekar

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 13 MISC.CIVIL APPLICATION NO. 335 OF 2023 Sau. Anjali Akshay Kandekar

VERSUS

Akshay Popatrao Kandekar ...

Mr. Yogesh R. Shinde, Advocate for Applicant. Mr. Narendra D. Sonavane, Advocate for the Respondent. CORAM : KISHORE C. SANT, J.

DATE : 12th FEBRUARY 2025 PC :- 1.

Heard the parties.

2.

This proceedings is filed for transfer of the Hindu Marriage Petition No.366 of 2023 from the Court of learned Civil Judge, Senior Division, Aurangabad to the Court of learned Civil Judge, Senior Division, Shrirampur Dist. Ahmednagar.

3.

The learned Advocate for the applicant submits that the applicantwife has already filed Criminal Misc. Application bearing No.220 of 2023 in the Court at Shrirampur. There is also a proceeding filed under Section 12 of the Domestic Violence Act in the Court at Shrirampur.

( 2 ) Both the proceedings are pending at Shrirampur where the husband has already appeared. After filing Criminal Misc. Application No.220 of 2023, the husband has filed divorce proceedings on 13th July 2023 in the Court at Aurangabad. There is a small child staying with the wife. It is difficult for her to travel to Aurangabad to attend the dates. She thus prays for transfer of the proceeding from the Court of learned Civil Judge, Senior Division, Aurangabad to the Court of learned Civil Judge, Senior Division, Shrirampur.

4.

The learned Advocate for the respondent opposed the application. He submits that the wife is well-educated lady. She was an employment at Newasa. Looking to the distance from Aurangabad to Newasa, there should be no difficulty for her to attend the Court at Aurangabad. The husband has also filed Criminal Application No.142 of 2024 for transfer of the proceedings pending in this Court wherein even notice is issued. 5.

Considering above, this Court finds that when a small child residing with the wife, and even otherwise it should be the convenience of the wife that should be seen while considering such application. The care of concern of the husband will be taken care of about inconvenience

( 3 ) in attending all the proceeding. Hence, the following order:- 6.

Application stands allowed in terms of prayer clause (B). 7.

After the proceeding is transferred, the learned Judge 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. 8.

The applicant-wife 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-wife, the Court shall deal with it to compensate the respondent. 9.

Whenever a request is made by the respondent-husband to allow him to appear through Video Conferencing, the same shall be considered by the learned trial Court.

10.

The dates in the trial Court be suitably given considering the dates given in the criminal proceedings.

11.

With this application is disposed off.

[KISHORE C. SANT, J.]