Dhanshree @ Priyanka W/O Rohit Khandekar v. Rohit S/O Ramdas Khandekar

2025:BHC-AUG:2201 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 48 MISC.CIVIL APPLICATION NO. 85 OF 2024 DHANSHREE @ PRIYANKA W/O ROHIT KHANDEKAR

VERSUS

ROHIT S/O RAMDAS KHANDEKAR Mr.A.R. Lukhe, Advocate for the applicant.

Mr.N.S. Salunke, Advocate for sole respondent.

CORAM

: KISHORE C. SANT, J.

DATE : 23.01.2025 PC :- 01.

Heard. This application is for transfer of matrimonial proceeding pending before the Family Court, Aurangabad to the Court of CJSD, Bhoom. The proceeding at Aurangabad is initiated by the respondent - husband bearing HMP No. A-470 of 2023. The learned Advocate for the applicant submits that the distance between Aurangabad and Bhoom is more than 250 kms. There are already two proceedings filed by the wife at Bhoom; one under section 12 of the Protection of Women from Domestic Violence Act and another is initiated on the basis of complaint filed for offence punishable under section 498-A of the Indian Penal Code. The police after investigation have even filed charge-sheet in the said case. He, thus, prays that in any case the husband is required to attend Court at Boom and looking to the

( 2 ) convenience of wife, it would be appropriate to transfer the proceeding to Bhoom.

02.

The application is vehemently opposed by the learned Advocate for the respondent. He submits that the proceeding is filed in the Court having jurisdiction. There is no case that the Family Court, Aurangabad has no jurisdiction. Looking to the distance it is not a case that the wife cannot come to attend the proceeding. Two proceedings which are filed at Bhoom are only to harass the husband. Both the proceedings are filed subsequent to filing of the marriage petition. He, thus, prays for rejection of application.

03.

After hearing the parties, this Court finds that two proceedings are already pending at Bhoom. It would not be inconvenience to the wife to travel a distance of 250 kms for attending the Court. In view of the same, following order :-

ORDER

i.

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

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.

( 3 ) iii.

The applicant shall not seek unnecessary adjournments. In case the Trial Court find that the adjournments are unnecessarily sought by the applicant, the Trial Court may deal with such application, so as to compensate the respondenthusband, if he personally remains present. [KISHORE C. SANT, J.] snk/2025/jan25/mca85.24