Yogita Bhushan Alias Vijay Chaudhary v. Bhushan Alias Vijay Prakash Chaudhary

2025:BHC-AUG:31436 1 31-MCA 346-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 346 OF 2023 Yogita Bhushan Alias Vijay Chaudhary .. Applicant

Versus

Bhushan Alias Vijay Prakash Chaudhary .. Respondent Mr. P. A. Patil, Advocate h/f Mr. R. R. Kazi, Advocate for the Applicant.

CORAM : KISHORE C. SANT, J.

DATE : 14th NOVEMBER, 2025.

PER COURT :- 1.

Heard learned advocate for the applicant.

2.

None appears for respondent in spite of service of notice. 3.

This application is filed by the wife seeking transfer of H.M.P. No. 133/2023 from the Court of learned C.J.S.D., Shahada to the Court of learned C.J.S.D., Amalner. The distance between two places is 120 kms. The wife is staying with a child of seven years. There is no one to accompany her to attend the proceeding. Execution proceeding to execute order passed under section 125 of the Code of Criminal Procedure is pending in the Court at

2 31-MCA 346-2023.odt Amalner. The wife had filed petition under the Protection of Women from Domestic Violence Act that is also allowed. The execution of the said order is also pending at Amalner. There is a complaint filed under section 498-A of the Indian Penal Code in the Court at Amalner. In all the proceedings, the husband has already appeared. A special civil suit is also filed under section 18 of the Hindu Adoption and Maintenance Act. Thus, the learned advocate prays that, the proceeding be transferred to the Court at Amalner.

4.

Considering above, this Court is inclined to allow the application. Hence, following order.

ORDER

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

(II) After transfer of the proceeding, the applicant - wife shall not seek unnecessary adjournments. If unnecessary adjournments are sought, the Court may pass appropriate order compensating the respondent - husband if he personally remains present.

3 31-MCA 346-2023.odt (III) Whenever a request is made by the respondent - husband to allow him to appear through video conferencing, the same shall be considered liberally.

(IV) With this, Misc. Civil Application stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.