Pooja Akshay Bhosale v. Akshay Shankar Bhosale
918mcalppln284.25
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 918 MISC.CIVIL APPLICATION NO. 284 OF 2025 POOJA AKSHAY BHOSALE
VERSUS
AKSHAY SHANKAR BHOSALE ...
Advocate for Applicant : Mr. Adv. Ravindra M. Deshmukh ...
CORAM : Y.G. KHOBRAGADE, J.
DATE : 09.01.2026 PER COURT :
1.
Despite the service of notice, none appeared on behalf of non applicant/husband on 30.10.2025.
2.
Heard, the learned Counsel appearing for the applicant at length.
3.
By the present application, the applicant/wife, who is residing at Aurangabad prayed for transfer of the Marriage Petition No. 1058 of 2024 from the file of learned 5th Joint Civil Judge, Senior Division, Pune, to the file of learned Family Court, Aurangabad, on ground that she is suffering from certain ailment and is taking medical treatment at Aurangabad. However, her husband/non applicant has filed a petition seeking decree of divorce before the learned Civil Judge, Senior Division, Pune. Therefore, she is not in a position to travel from Aurangabad to Pune to attend the said marriage petition on each and
918mcalppln284.25 every dates, so also she is unemployed and having no source of income. 4.
It is well settled preposition of law that the marriage proceeding pertaining to the matrimony can be heard and decided at the place where the wife is normally residing. In the case in hand, the applicant wife is residing at Aurangabad and she is suffering from some ailment and for which she requires to attend a Dispensary or Hospital regularly, and she being a lady facing difficulty to travel from Aurangabad to Pune, to attend the said proceeding. Therefore, considering the scope of Section 24 of the CPC, it would be just and proper to transfer the Marriage Petition No. 1058 of 2024 from the file of learned 5th Joint Civil Judge, Senior Division, Pune to the learned Family Court, Aurangabad, with immediate effect.
5.
A copy of this order be forwarded to the learned 5th Joint Civil Judge, Senior Division, Pune as well as to the learned Family Court, Aurangabad.
6.
After the file is received by the learned Family Court, Aurangabad, it may be disposed of expeditiously as early as possible. 7.
In view of the above, the Misc. Civil Applicastion stands allowed.
( Y.G. KHOBRAGADE, J.) mahajansb/