Renuka Prashant Jorule v. Prashant Rangnathrao Jorule

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 MISC. CIVIL APPLICATION NO. 154 OF 2024 RENUKA PRASHANT JORULE

VERSUS

PRASHANT RANGNATHRAO JORULE ...

Advocate for the applicant : Mr. Sartaj Khan H. Pathan Advocate for the respondent : Mr. Syed Parvez ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 15.10.2024 P.C. :

1] By the present application, the applicant seeks transfer of HMP No. 256/2024 from the Civil Judge Senior Division, Khed, District Pune to the Family Court at Aurangabad.

2] The learned counsel for the applicant submits that the marriage between the applicant and respondent was solemnized on 01.12.2021 and that there are no issues out of the said wedlock. The learned counsel further submits that on account of matrimonial dispute, the applicant is residing at Aurangabad with her parents. The applicant initiated PWDV Application before the Judicial Magistrate First Class at Aurangabad against the respondent - husband and the respondent is attending the said

proceedings at Aurangabad. The respondent filed Revision Petition No. 58/2024 before the District and Sessions Court at Aurangabad against the interim maintenance order dated 23.01.2024. The respondent - husband again filed HMP No. 256 of 2024 for restitution of conjugal rights before the Civil Judge Senior Division, Khed, District Pune. The learned counsel further submits that the applicant has no independent source of income and that it would be difficult for the applicant to defend the proceedings initiated by the respondent-husband at Khed, District Pune. Considering the said fact, the learned counsel for the applicant submits that the proceedings filed by the respondent-husband may be transferred to the Family Court at Aurangabad.

3] Per contra, the learned counsel for the respondent-husband has not raised any specific ground for not transferring the proceedings at Aurangabad. The learned counsel for the respondent further submits that the interim maintenance application be decided as early as possible and that the applicant should not have taken unnecessary adjournment in the pending proceedings at Aurangabad.

4] In view of the above, the Misc. Civil Application is allowed in terms of prayer clause-B.

5] However, on such transfer, it is directed that the applicant would seek common dates in all the proceedings and the applicant will not take unnecessary adjournments in the matter without informing the husband well in advance so as to avoid inconvenience to the respondent husband, so also, there is one interim maintenance application to be decided as expeditiously as possible as the applicant - wife assures that she would not take unnecessary adjournments in the matter. The parties to appear before the trial Court on 20th November, 2024, so as to enable the Court to give next date to the parties.

6] With the above observations, the Misc. Civil Application is disposed of.

[ARUN R. PEDNEKER] JUDGE DDC