Shakuntala Avinash Bangar v. Avinash Sudhakarrao Bangar

2024:BHC-AUG:17775 MCA 10/24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 MISC.CIVIL APPLICATION NO. 10 OF 2024 SHAKUNTALA AVINASH BANGAR

VERSUS

AVINASH SUDHAKARRAO BANGAR ...

Advocate for Applicant : Mr. Shahaji K. Shinde Advocate for Respondent : Mr. V.P. Narwade h/f. Mr. Deepak Rajput ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : August 08, 2024 PER COURT :- 1.

Heard the learned counsel for respective parties. 2.

Present application is filed by the wife, seeking transfer of the proceeding bearing HMP No. 91/2023 pending before the Civil Judge, Senior Division, Ambad, Dist. Jalna to the Court of Civil Judge, Senior Division, Ahmednagar.

3.

The learned advocate for the applicant/wife submits that she has custody of two and half years boy out of the wedlock with respondent/ husband, who is dependent on her and she is working at Ahmednagar. The husband is running the Cyber cafe at Nalewadi, Taluka Ambed. The learned counsel submits that in view of the above circumstances, it would be difficult for the wife to contest the divorce proceeding initiated by the respondent husband at Ambad. The learned counsel therefore prays for transfer of the divorce proceeding filed by the husband at Ahmednagar. 4.

The learned counsel for the respondent/husband strongly opposed the application and prays to reject the application. 5.

In view of the submissions made above and considering the fact that

MCA 10/24 a two and half years boy is dependent on wife and she is working at Ahmednagar, it would be difficult for her to contest the divorce proceeding filed by the husband at Ambad.

6.

Hence, the application is allowed in terms of prayer clause 'B'. The proceeding bearing HMP No. 91/2023 pending before Civil Judge, Senior Division, Ambad is transferred to the Court of Civil Judge, Senior Division, Ahmednagar.

7.

It is further directed that the applicant/wife shall not seek unnecessary adjournment. If wife seeks adjournment, she should inform the advocate appearing for the respondent/husband in advance so as to avoid any inconvenience to the husband.

8.

It is further directed to Civil Judge Senior Division at Ahmednagar to dispose of the proceeding filed by the husband as expeditiously as possible. ( ARUN R. PEDNEKER, J. ) ssc/