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Bombay High CourtMCA/379/2024application allowed

Sujata W/O Sadanand Swami @ Sujata D/O Umashankar Swami v. Sadanand Kashinath Swami

2025-02-17Hon'Ble Shri Justice Kishore C. Sant3 pages

2025:BHC-AUG:4622 ..1..

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 12 MISC.CIVIL APPLICATION NO. 379 OF 2024 SUJATA W/O SADANAND SWAMI @ SUJATA D/O UMASHANKAR SWAMI

VERSUS

SADANAND KASHINATH SWAMI ...

Advocate for Applicant : Mr. Vijay S. Wakale Advocate for Respondent : Ms. A. N. Ansari ...

CORAM : KISHORE C. SANT, J.

DATE : 17.02.2025 PER COURT :

1.

Heard learned Advocates for the parties.

2.

This application is filed at the instance of wife for transfer of the proceeding of Hindu Marriage Petition No.A/588 of 2024 filed by the respondent husband in the Court of learned Judge, Family Court, Aurangabad to the Court of learned Judge, Family Court at Nanded. 3.

It is the case of the applicant-wife that the distance between two places is about 300 k.m. There is a one son namely Tanush, who is staying with the applicant-wife. It is difficult for her to travel to attend the proceeding at Aurangabad. There is no one to accompany her to

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travel to attend the Court at Aurangabad. She thus prays for transfer of the proceeding from the Court of learned Judge, Family Court, Aurangabad to the Court of learned Judge, Family Court at Nanded. 4.

The application is vehemently opposed by the learned Advocate for Respondent-husband.

5.

However, considering the fact that, a child of about four years is staying with the applicant-wife and there is no one to accompany her to attend the Court dates at Aurangabad, this Court is inclined to allow the application.

6.

Therefore,the application is 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,

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the Court shall deal with it to compensate the respondent. 9.

With this, application stands disposed off.

( KISHORE C. SANT ) JUDGE shp/-