Dhiraj Bhagwanshing Parmar v. Kavita Dhiraj Parmar

2025:BHC-AUG:29107 ( 1 ) mca320.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 74 MISC.CIVIL APPLICATION NO. 320 OF 2024 KAVITA DHIRAJ PARMAR

VERSUS

DHIRAJ BHAGWANSINGH PARMAR WITH MISC.CIVIL APPLICATION NO. 390 OF 2024 DHIRAJ BHAGWANSHING PARMAR

VERSUS

KAVITA DHIRAJ PARMAR Mr. H.P. Randhir, Advocate for the husband.

Mr. Shubham K. Shinde h/f. Mr. R.V.Gore, Advocate for the wife.

CORAM

: KISHORE C. SANT, J.

DATE : 13.10.2025 PC :- 01.

These two applications are filed for similar purpose. The wife has filed an application seeking transfer of proceeding i.e. HMP No. 134 of 2024 pending in the Court of learned CJSD, Malkapur, Dist. Buldhana to the Court of learned CJSD, Bhusawal, Dist. Jalgaon; whereas the husband has filed application seeking transfer of proceeding filed by wife i.e. HMP No. 312 of 2023 from the Court of learned CJSD, Bhusawal to the Court of learned CJSD, Malkapur. The wife has filed proceeding for restitution of conjugal rights; whereas the husband has filed proceeding for divorce.

02.

By very nature of prayer and the proceeding, this Court finds that it would be desirable that both the proceedings are tried and decided together by same Court.

( 2 ) mca320.24 03.

Considering convenience and distance, it is submitted that the wife is presently residing at Warkhed Khurd, Tal. Bodhwad, Dist. Jalgaon, which is hardly at a distance of 14 to 15 kms from Malkapur. The distance between the place where the wife is residing and where the transfer of proceeding sought by wife is more than 60 kms. Both the parties accept this position. This Court finds that the wife is staying hardly 14 to 15 kms distance from the Court at Malkapur. It would be in the interest of the wife, if both the proceedings are tried and decided by same Court.

04.

In view of the above, the application filed by the wife i.e. Misc. Civil Application No. 320 of 2024 stands dismissed. 05.

The application filed by the husband i.e. Misc. Civil Application No. 390 of 2024 stands allowed in terms of prayer clause (B). 06.

The learned Trial Court shall decide the proceedings as early as possible and preferably within one year from today. 07.

Both the applications accordingly stand disposed off. [KISHORE C. SANT, J.] snk/2025/Oct25/mca320.24