Hemangi W/O. Yogesh Shinde v. Yogesh S/O Laxman Shinde
45-MCA-99-24.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 45 MISC.CIVIL APPLICATION NO. 99 OF 2024 HEMANGI W/O. YOGESH SHINDE
VERSUS
YOGESH S/O LAXMAN SHINDE ...
Ms. Jayshri Pandurangrao Reddy, Advocate for Applicant Mr. Gamot Praveen B.,, Advocate for Respondents ....
CORAM : S. G. CHAPALGAONKAR, J.
DATE : 20.06.2025 PER COURT :- .
Heard learned Advocates appearing for respective parties. 2.
Applicant seeks transfer of HMP No.159 of 2021 pending before the learned Civil Judge Senior Division, Bhusawal Dist. Jalgaon to Family Court, Nashik.
3.
It is contention of applicant that she is residing at Nashik and having two minor daughters, therefore, it is difficult for her to travel to Bhusawal and attend proceedings instituted by her husband. 4.
Per contra, learned Advocate appearing for respondent, on the basis of affidavit-in-reply, submits that applicant has already instituted proceeding under Section 125 of Civil Procedure Code at Bhusawal. Later on, she sought transfer of said proceeding to Nashik ; however, her prayer was rejected by this Court. He further submits that divorce petition filed by husband is now at the stage of evidence and its
(( 2 )) 45-MCA-99-24 hearing can be expedited. No prejudice would be caused to applicant if the proceedings continued before the Court at Bhusawal. 5.
Having considered submissions advanced, it can be observed that applicant / wife is residing at Nashik along with her two minor daughters. The proceeding instituted by husband seeking divorce is pending before the Court at Bhusawal and now it has at the stage of evidence. Therefore, the applicant will have to travel for the purpose of leading her evidence and for securing to cross-examine husband or his witnesses. It is trite that convenience of wife has to be given precedence when it comes to transfer of matrimonial proceeding.
6.
In that view of the matter, if the proceeding is transferred to Family Court at Nashik, no prejudice would cause to respondent / husband. The convenience of wife can be secured by transferring the proceeding. In result, the application is allowed in terms of prayer Clause-B. Parties to appear before the Family Court, Nashik on 24.07.2025. The Family Court shall endeavour to expedite matter and conclude proceeding within a period of six (06) months. Application stands disposed of. [ S. G. CHAPALGAONKAR, J. ] HRJadhav