Mayur Baburao Shinde v. Bhagyashri Mayur Shinde

2025:BHC-AUG:2088 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 35 MISC.CIVIL APPLICATION NO. 362 OF 2023 BHAGYASHRI MAYUR SHINDE

VERSUS

MAYUR BABURAO SHINDE WITH CIVIL APPLICATION NO. 12773 OF 2024 IN MCA/362/2023 MAYUR BABURAO SHINDE

VERSUS

BHAGYASHRI MAYUR SHINDE Mr.D.S. Patil, Advocate for the applicant.

Mr.G.K. Naik-Thigle, Advocate for the respondent (through VC).

CORAM

: KISHORE C. SANT, J.

DATE : 23.01.2025 PC :- 01.

Heard. This application is filed seeking transfer of proceeding pending in the Family Court, Beed to the Court of CJSD, Jalna. The proceeding is filed by the husband. There are two proceeding already filed by wife in Bhokardan and Jalna, one under the Protection of Women from Domestic Violence Act at Jalna and one under section 125 of the Criminal Procedure Code at Bhokardan against husband. There is one more proceeding filed by the wife bearing No.36 of 2023 in the Court of CJSD, Jalna for restitution of conjugal rights. The husband has already appeared in these proceedings. It is submitted that it would be therefore necessary to transfer the proceeding from the Family Court, Beed to the Court of CJSD, Jalna.

( 2 ) 02.

Learned Advocate Mr. Thigle for the respondent submits that the respondent-husband has no objection to transfer the proceeding. The concern expressed by him is that there are three different proceedings filed by the wife. It is thus difficult for the respondent to attend the dates in all these proceedings on different dates. He thus prays for suitable directions by filing Civil Application No. 12773 OF 2024, to give suitable dates, so as to avoid inconvenience to the respondent. He also prays that whenever possible, he may be allowed to attend the Court through Video Conference.

03.

Considering the above, following order :- (i) Proceeding in Petition A No.164 of 2022 pending before the Court of leaned Judge, Family Court, Beed stands transferred to the Court of learned Civil Judge, Senior Division, Jalna.

(ii) After the proceeding is transferred, the learned CJSD, Jalna shall try to dispose of the proceeding as early as possible and preferably within one year from the date of transfer.

(iii) The Trial Court shall give suitable dates considering the dates given in other proceedings.

(iv) The respondent is at liberty to request the concerned Court for appearing through video conference. (v) The applicant shall not seek unnecessary adjournments and shall co-operate in speedy disposal of the case. (vi) Petition A No. 164 of 2022 shall be taken up along with HMP No. 36 of 2023.

( 3 ) (vii) In view of disposal of the misc. civil application and above directions, pending civil application does not survive and stands disposed off.

[KISHORE C. SANT, J.] snk/2025/jan25/mca362.23