Karishma Gaurav Patil v. Gaurav Prataprao Patil

2025:BHC-AUG:2203 ( 1 ) mca101.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 51 MISC.CIVIL APPLICATION NO. 101 OF 2024 KARISHMA GAURAV PATIL

VERSUS

GAURAV PRATAPRAO PATIL Mr.P.H. Patil, Advocate for the applicant.

CORAM

: KISHORE C. SANT, J.

DATE : 23.01.2025 PC :- 01.

Heard learned Advocate for the applicant. None for the respondent.

02.

This Court by order dated 26.07.2024 had made it clear that even if none appears for the respondent, the matter shall be heard and decided in his absence. This application is for transfer of HMP No. A-262 of 2023 pending in the Family Court, Aurangabad to the Court of CJSD, Amalner. The applicant is resident of Chopada Dist. Jalgaon. The distance between the places is more than 250 kms. It is difficult for her to travel alone. There is no one in the family to accompany her as parents are old aged persons. She has also filed proceedings under the Protection of Women from Domestic Violence Act in the Court at JMFC, Chopada. There is prosecution lodged against the respondent at the

( 2 ) mca101.24 instance of the applicant, who has filed complaint under section 498-A of the Indian Penal Code. He, thus, submits that it is in the interest of justice to allow the application.

03.

Considering the above submission this Court finds that case is made out to allow the application. Hence, 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. 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/mca101.24