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Bombay High CourtCA/3620/2025application allowed

Smitesh Ramesh Mane v. Aishwarya Smitesh Mane

2024-01-25Hon'Ble Shri Justice Kishore C. Sant2 pages

2024:BHC-AUG:31011 ( 1 ) mca298.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 298 OF 2023 WITH CIVIL APPLICATION NO. 3620 OF 2025 AISHWARYA SMITESH MANE

VERSUS

SMITESH RAMESH MANE Mr. Shakil U. Shaikh h/f. Mr. Shaikh Mohammad Naseer A., Advocate for the applicant.

Mr. Arun S. Shejwal, Advocate for the respondent.

CORAM

: KISHORE C. SANT, J.

DATE : 03.04.2025 PC :- 01.

Heard. This Misc. Civil Application is filed by the applicantwife for transfer of proceeding bearing Petition No. A-511 of 2023 from Family Court, Nashik to the Court of C.J.S.D., Bhusawal. 02.

It is submitted that the applicant-wife is residing at Bhusawal. The distance between Bhusawal and Nashik is about 275 kms. It is not possible for her to attend the proceedings at Nashik, which is filed by the respondent-husband for dissolution of marriage. 03.

Learned Advocate for the respondent opposes the petition. He submits that the respondent-husband is ready to bear travelling expenses of the applicant-wife, whenever she attends proceedings at Nashik.

( 2 ) mca298.23 04.

Considering that the applicant-wife is a lady and taking into consideration her convenience, it would be in the interest of justice to transfer the proceedings from Nashik to Bhusawal. Hence, following order:-

ORDER

(i) Misc. Civil Application is allowed in terms of prayer clause (B).

(ii) After transfer of proceedings, the applicant-wife shall not seek adjournments unnecessarily. If the Trial Court finds that the adjournments are sought unnecessarily, the Trial Court shall pass appropriate orders compensating the respondent-husband, if he personally remains present in the Court.

(iii) After transfer of the proceedings, the Trial Court shall try to dispose off the proceedings as early as possible and preferably within six months from the date of transfer.

(iv) If the respondent-husband files an application for attending the proceedings through video conference, the same shall be considered by the Trial Court favourably.

(v) In view of disposal of the Misc. Civil Application, pending Civil Application does not survive and same stands disposed off accordingly.

[KISHORE C. SANT, J.] snk/2025/mar25/mca298.23