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Bombay High CourtMCA/79/2024application allowed

Snehal W/O Kisan Chavan v. Kisan S/O Nagoji Chavan

2025-01-23Hon'Ble Shri Justice Kishore C. Sant2 pages

2025:BHC-AUG:2199 ( 1 ) mca79.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 45 MISC.CIVIL APPLICATION NO. 79 OF 2024 SNEHAL W/O KISAN CHAVAN

VERSUS

KISAN S/O NAGOJI CHAVAN Mr.K.A. Ingle, Advocate for the applicant.

CORAM

: KISHORE C. SANT, J.

DATE : 23.01.2025 PC :- 01.

None for the respondent inspite of notice. This application is for transfer of proceeding from the Court of CJSD, Pusad to the Court of CJSD, Aurangabad bearing Marriage Petition No. 149 of 2023. 02.

The learned Advocate for the applicant submits that the distance between Pusad and Aurangabad is more than 300 kms. The applicant is residing at Sundarwadi (Zalta) Tal. and Dist. Aurangabad. There is a child of 18 months. It is difficult for her to attend the date at Pusad by taking the child with her. There is one proceeding filed under section 12 of the Protection of Women from Domestic Violence Act, which is pending in the Court of learned JMFC, Aurangabad. He thus prays for allowing the application.

( 2 ) mca79.24 03.

After hearing the learned Advocate for the applicant and on going through the application, this Court finds that it would be in the interest of justice to transfer the proceeding from the Court at Pusad to the Court at Aurangabad. Hence, following order :-

ORDER

i.

The misc. civil application is allowed in terms of prayer clause (A).

ii.

After transfer the learned Trial Judge shall try to dispose off the proceeding as early as possible and preferably within one year from the date of transfer. iii.

The applicant shall not seek unnecessary adjournments. In case the Trial Court finds that the adjournments are unnecessarily sought, the Trial Court may deal with such application, so as to compensate the respondent-husband, if he personally remains present.

[KISHORE C. SANT, J.] snk/2025/jan25/mca79.24