Vaishnavi Akshay Kamble v. Akshay Ramchandra Kamble

2025:BHC-AUG:2222 ( 1 ) mca257.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 67 MISC.CIVIL APPLICATION NO. 257 OF 2024 VAISHNAVI AKSHAY KAMBLE

VERSUS

AKSHAY RAMCHANDRA KAMBLE Mr.A.S. Bajaj, Advocate for the applicant.

Mr.Akash Bagal, Advocate for the respondent.

CORAM

: KISHORE C. SANT, J.

DATE : 23.01.2025 PC :- 01.

Heard learned Advocates for the parties. This application is for transfer of Marriage Petition No. A-505 of 2024 pending in the Family Court, Kolhapur to the Family Court, Nanded. The difficulty expressed by the applicant is that she has to travel alone to Kolhapur to attend the proceeding. The distance between the two places is more than 500 kms. If she has to attend the Court, she has to spend at least three days or she has to undertake overnight journey. Being lady she finds it difficult. At present the applicant is residing at Nashik. It is also submitted that even the husband is not residing at Kolhapur, but works in a company at Pune. Thus, the learned Advocate for the applicant prays for allowing the application.

02.

The application is vehemently opposed by the learned

( 2 ) mca257.24 Advocate for the respondent. He submits that the applicant is an educated lady and is a Dentist by profession. Travelling alone is not a difficulty for her as like for any other women. He also relies on the affidavit of the respondent. The affidavit is in respect of merits of the main petition, which is filed by him in the Court at Kolhapur. 03.

Considering the above, this Court finds that in the present case the convenience of wife is to be seen. 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. 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/mca257.24