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Bombay High CourtMCA/366/2024disposed off

Sonali Rohit Gangarde v. Rohit Rajendra Gangarde

2025-09-15Hon'Ble Shri Justice Kishore C. Sant3 pages

2025:BHC-AUG:24891 1 42-MCA 366-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 366 OF 2024 Sonali Rohit Gangarde .. Applicant

Versus

Rohit Rajendra Gangarde .. Respondent Mr. Sudheer R. Zambare, Advocate for the Applicant. Mr. R. R. Karpe, Advocate for Respondent.

CORAM : KISHORE C. SANT, J.

DATE : 15th SEPTEMBER, 2025.

PER COURT :- .

Heard learned advocates for the parties.

2.

This application is filed seeking transfer of Marriage Petition No. 1405/2024 presently pending in the Court of learned 3rd Civil Judge Senior Division, Kalyan to the Court of learned Judge, Family Court, Ahmednagar.

3.

The application is filed by the wife. It is submitted by the learned advocate for the applicant that, already two proceedings are pending in the Court at Ahmednagar i.e. P.W.D.V.A. No. 724/2024 and Criminal Misc. Application No. 82/2022 seeking

2 42-MCA 366-2024.odt maintenance under Section 125 of the Code of Criminal Procedure in the Court at Ahmednagar. The wife is staying with parents at Ahmednagar. She find it difficult to travel to Kalyan. The distance between two places is more than 200 kms. There is no one to accompany her.

4.

The learned advocate for respondent vehemently argued the matter. He opposed the prayer on the ground that the wife is well qualified lady having degree in Engineering. It is not difficult for her to travel to Kalyan. The husband is ready to bear the travelling expenses if the wife travels to Court at Kalyan. He further submits that, the husband find it difficult to get leave and to attend the Court at Ahmednagar as the husband is in Indian Navy.

5.

Considering all above aspects, this Court finds that, since two other proceedings are already pending before the Court at Ahmednagar, it would be in the interest of justice and convenient for the parties if this application is allowed. Proper care can be taken of the interest of the parties. Hence, following order :

3 42-MCA 366-2024.odt

ORDER

(I) Misc. Civil Application stands allowed in terms of prayer clause (A).

(II) After transfer of the proceedings, the applicant-wife shall not seek any unnecessary adjournment. If the Court comes to conclusion that, the wife is unnecessarily seeking adjournments, the Court may pass appropriate order compensating the respondent-husband.

(III) After transfer of the proceedings, if the respondent-husband makes a request to appear through video conferencing, the said request shall be liberally considered by the learned Trial Court. (IV) With this, Misc. Civil Application stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.