Nita Janardan Gajjewar v. Amit Suresh Gajewar

2026:BHC-AUG:19697 924-MCA-365-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISCELLANEOUS CIVIL APPLICATION NO. 365 OF 2025 Nita Janardan Gajjewar ..APPLICANT

VERSUS

Amit Suresh Gajewar ..RESPONDENT ....

Mr. Y.R. Barhate, Advocate for the Applicant. ....

CORAM : ABHAY J. MANTRI, J.

DATE : 29th APRIL, 2026 PER COURT :

1.

The Applicant filed this Application seeking transfer of H.M.P. No. 122 of 2024 pending before the learned C.J.S.D., Sinnar to the learned C.J.S.D., Vasmat/Basmat.

2.

Heard learned counsel for the Applicant. None appeared for the Respondent, though served, nor did he file a reply, which leads to the inference that the Respondent has no grievance about the averments made in the present Application. Perused the record.

3.

At the outset, it appears that the Applicant has no source of income and she is residing at Vasmat with her parents, which is approximately 350 kms from Sinnar. The Applicant has also filed a domestic violence proceeding 1 / 2

924-MCA-365-25.odt before the learned J.M.F.C., Vasmat, which is pending, wherein the Respondent has appeared. Therefore, in my view, to avoid multiplicity of proceedings and the inconvenience to the Applicant to travel and attend the proceedings at Sinnar, which itself indicates that she will have to endure hardship and suffering, it would be appropriate to transfer the said proceeding. Also, in view of the law laid down by the Hon'ble Supreme Court in N.C.V. Aishwarya Versus A. S. Saravana Karthik Sha reported in AIR Online 2022 SC 1268, it would be appropriate to transfer the proceeding, i.e. H.M.P. No. 122 of 2024, pending before the learned C.J.S.D., Sinnar, to the learned C.J.S.D., Vasmat.

4.

As a result, the Miscellaneous Civil Application is allowed in terms of prayer clauses (A) and (B).

5.

The Application is disposed of.

( ABHAY J. MANTRI, J. ) SSD 2 / 2