Vidya W/O Shrikant Jaware v. Shrikant S/O Ganesh Jaware

2025:BHC-AUG:12832 1 907-MCA 38-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 38 OF 2025 Vidya W/o Shrikant Jaware Age : 35 years, Occu. : Housewife, R/o. Kripa Sadan Road, Vivekanand Chowk, Latur, Tq. and Dist. Latur.

.. Applicant

Versus

Shrikant S/o Ganesh Jaware Age : 37 years, Occu. : Service, R/o. Near DP, Chaitanya Nagar, Beside Dubeywadi, Kharap Road, Akola, Tq. And Dist. Akola.

.. Respondent Mr. Rahul P. Cheble, Advocate for the Applicant (through V.C.). CORAM :

KISHORE C. SANT, J.

DATED : 30th APRIL, 2025.

P. C. :- .

In spite of service, none appears for the respondent. 2.

Heard learned advocate for the applicant.

3.

The present application is by wife for transfer of matrimonial proceeding from the Court of Principal Judge, Family Court, Akola to the Court of Principal Judge, Family Court, Latur. The proceeding is instituted by the husband in the Court at Akola. The wife has already filed two proceedings i.e. one under the Protection of Women from

2 907-MCA 38-2025.odt Domestic Violence Act which is pending the Court of learned Chief Judicial Magistrate at Latur and another proceeding is pending in the Court at Latur for the offence under Section 498-A of the Indian Penal Code against the husband. In both the proceedings, the husband is required to attend the Court at Latur. The learned advocate for the applicant submits that, distance between Akola and Latur is around 400 Kms. He thus submits that, the application needs to be allowed. 4.

Considering the above grounds, this Court finds that, a case is made out to allow the application. Hence, the following order.

ORDER

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

(ii) After transfer of the proceeding, the learned Trial Court is requested to dispose of the proceeding as early as possible and preferably within one (01) year from the date of transfer. (iii) The applicant - wife shall co-operate in speedy disposal of the proceeding and shall not seek any adjournment unnecessarily. If Court finds that, adjournment is unnecessarily sought, the Court may pass appropriate order compensating the respondent -husband.

3 907-MCA 38-2025.odt (iv) With this, the Misc. Civil Application stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.