Alisha Ajaz Mulla v. Ajaj Hussain Mulla
2025:BHC-AUG:10010 ( 1 ) mca384.24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 8 MISC.CIVIL APPLICATION NO. 384 OF 2024 ALISHA AJAZ MULLA
VERSUS
AJAJ HUSSAIN MULLA Mr.Sagar P. Mahale h/f. Mr. M.A. Jahagirdar, Advocate for the applicant.
CORAM
: KISHORE C. SANT, J.
DATE : 03.04.2025 PC :- 01.
At the outset, learned Advocate for the applicant seeks leave to amend the prayer clause.
02.
Leave granted. The amendment be carried out forthwith. 03.
Heard. This Misc. Civil Application is filed by the applicantwife for transfer of proceeding bearing Regular Civil Suit No. 445 of 2024 from Civil Judge, Junior Division, Niphad, Dist. Nashik to the Court of Civil Judge, Junior Division, Shrirampur, Dist. Ahmednagar. 04.
It is submitted that the applicant-wife is residing at Shrirampur. The distance between Shriramapur and Niphad is about 100 kms. It is not possible for her to attend the proceedings at Niphad. 05.
The respondent though served with notice, did not appear in the matter.
( 2 ) mca384.24 06.
Considering that the applicant-wife is a lady and taking into consideration her convenience, it would be in the interest of justice to transfer the proceedings from Nashik to Bhusawal. Hence, following order:-
ORDER
(i) Misc. Civil Application is allowed in terms of prayer clause (B).
(ii) After transfer of proceedings, the applicant-wife shall not seek adjournments unnecessarily. If the Trial Court finds that the adjournments are sought unnecessarily, the Trial Court shall pass appropriate orders compensating the respondent-husband, if he personally remains present in the Court.
(iii) After transfer of the proceedings, the Trial Court shall try to dispose off the proceedings as early as possible and preferably within one year from the date of transfer.
(iv) If the respondent-husband files an application for attending the proceedings through video conference, the same shall be considered by the Trial Court favourably.
[KISHORE C. SANT, J.] snk/2025/mar25/mca384.24