Kiran Rahul Kotagade @ Kiran Suresh Mithapalle v. Rahul Bharat Kotagade

51mca249.25

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 51 MISC.CIVIL APPLICATION NO. 249 OF 2025 KIRAN RAHUL KOTAGADE @ KIRAN SURESH MITHAPALLE

VERSUS

RAHUL BHARAT KOTAGADE ...

Advocate for Applicant : Mr. Hanumant Pandurang Jadhav Advocate for Respondent : Mr. Jaybhay Bibhishan R. ...

CORAM : Y.G. KHOBRAGADE, J.

DATE : 02.02.2026 PER COURT :

1.

Heard the learned Counsel for the both parties at length. 2.

By the present application, the applicant-wife seeks transfer of Marriage Petition No. A-420 of 2024 from the file of learned Family Court, Aurangabad to the file of learned Family Court, Latur. 3.

On perusal of the record, it appears that on 02.08.2020 the marriage between the applicant and non applicant was solemnized as per the customs and rites prevailing in their society. However, later on, she was subjected to cruelty with domestic violence at the hands of the non applicant. Therefore, she lodged FIR bearing Crime No. 868 of 2024 with MIDC Police Station, Latur for the offence punishable under Section 498-A, 323, 504, 506 r/w 34 of the Indian Penal Code and the trial for the said offence is pending against the non applicant. However, the non

51mca249.25 applicant has filed Hindu Marriage Petition bearing No. A-420 of 2024 seeking a decree of divorce. Being female and due to financial crisis she is unable to attend the proceeding at Family Court, Aurangabad. Therefore, considering the convenience of the present applicant to attend the proceeding, it would be just and proper to withdraw the petition No. A-420 of 2024 from the file of learned Family Court, Aurangabad and transfer it to the Family Court Latur, District Latur. 4.

In view of the above discussion, the petition is allowed in terms of prayer Clause (B).

5.

Accordingly, the application is allowed.

6.

This order be communicated to both the Courts. ( Y.G. KHOBRAGADE, J.) mahajansb/