Vaishnavi Sachin Bhagade v. Sachin Shahaji Bhagade

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 48 MISC. CIVIL APPLICATION NO. 377 OF 2023 Vaishnavi Sachin Bhagade

VERSUS

Sachin Shahaji Bhagade ...

Mr. Ganesh P. Darandale, Advocate for Applicant. CORAM : KISHORE C. SANT, J.

DATE : 27th JANUARY 2025 PC :- 1.

Heard the learned Advocate for the Applicant. 2.

Inspite of service, none appears for the respondent. 3.

This Court has gone through the order dated 2nd September 2024. This Court recorded in the said order that the Respondent was to withdraw the divorce proceedings pending before the Family Court. If the proceedings are not withdrawn, this Court was to pass appropriate order in the present application and no request for adjournment would be entertained.

4.

It is submitted today by the learned Advocate for the applicant that, neither the husband has withdrawn the proceedings nor

( 2 ) prosecuting this application. The application is therefore taken even in absence of respondent.

5.

It is the case of the applicant wife that, presently she is residing with her parents at Jalna. She has one and half years daughter. If she has to travel, she has to carry a daughter with her which makes it inconvenient to attend the Court at Beed. Even the parents are old aged persons and there is no one to accompany her to attend the Court. 6.

Considering the above, this Court finds that it would be in the interest of justice to transfer the proceeding bearing No.Petition-A No.140 of 2023 pending in the Family Court at Beed to the Family Court at Jalna. Hence, the following order:- ORDER.

(i) Application is allowed.

(ii) The proceeding bearing No.Petition-A No.140 of 2023 pending in the Family Court, Beed stands transferred to the Family Court, Jalna. (iii) After the proceeding is transferred, the applicant shall co-operate in speedy disposal of the proceeding without seeking unnecessary adjournment. If the Court finds that unnecessary adjournments are

( 3 ) sought by the applicant, the Court shall deal with it to compensate the respondent.

(iv) The learned Judge, Jalna is expected to dispose of the proceeding as early as possible and preferably within one year from the date of transfer of the proceeding.

(v) With this, application stands disposed off.

[KISHORE C. SANT, J.]