Prashant Nandkumr Karle v. Sharaddha Prashant Karle

47-MCA-432-2024.DOC Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 432 OF 2024 Prashant Nandkumar Karle ..Applicant

Versus

Sharaddha Prashant Karle

...Respondent

Mr. Ajinkya Udane, with Maitreyee Garade, for the Applicant. Mr. Vivek B. Rane, ib K Patil, for the Respondent.

CORAM:

N. J. JAMADAR, J.

DATED :

21st FEBRUARY 2025 P.C.:

1.

Heard leaned Counsel for the parties.

2.

The learned Counsel for the Respondent submits that there are arrears of maintenance in Criminal Miscellaneous Application No. 59 of 2023, passed by the learned Magistrate at Karad. 3.

Mr. Udane, learned Counsel for the Applicant, submits that the Respondent has filed the execution petition to recover the arrears of maintenance. Therefore, that cannot be ground to oppose the ARUN RAMCHANDRA SANKPAL application for transfer.

ARUN RAMCHANDRA SANKPAL Date: 2025.02.25 10:56:46 +0530 4.

The proceedings under DV Act are required to be tried by the Magistrate in a time-bound manner. Order passed by the learned Magistrate granting monetary relief, has not been complied with. The 1/2

47-MCA-432-2024.DOC Applicant, who is in arrears of maintenance, is not entitled to seek the relief of transfer of the proceedings. The Respondent-wife who is deprived of maintenance, would be put to further inconvenience and hardship if the proceedings are transferred to the Family Court at Pune. It would add insult to the injury.

5.

The Application thus stands rejected.

[N. J. JAMADAR, J.] 2/2