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Bombay High CourtMCA/340/2025disposed off

Shraddha Kedar Limaye v. Kedar Chandrashekhar Limaye

2025-09-15Hon'Ble Shri Justice Rajesh S. Patil2 pages

KVM 1/2 7 - MCA 340 OF 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date:

2025.09.19 11:19:20 +0530 KANCHAN VINOD MAYEKAR CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 340 OF 2025 Shraddha Kedar Limaye ..... Applicant

VERSUS

Kedar Chandrashekhar Limaye ..... Respondent Mr. Amit Dubey i/b. Mr. Ashok M. Saraogi for the Applicant. Mr. Rohit Joshi for the Respondent.

CORAM : RAJESH S. PATIL, J.

DATE : 15 SEPTEMBER, 2025 P.C. :- 1) This is a transfer application filed by the wife seeking transfer of the divorce petition filed by the husband in the Family Court at Alibaug to be transferred to the Family Court at Nashik. 2) The reasons for transfer as submitted by the wife is more particularly in paragraph nos. 6, 7 and 8. It is submitted that the distance between Alibaug and Nashik is around 240 km. Therefore, to attend the hearing, it would be to travel around 500 km in a day. So also, it has been alleged that the husband has link with anti-social elements and he has threatened the applicant wife when she

KVM 2/2 7 - MCA 340 OF 2025.doc attempted to attend the proceedings at Alibaug Family Court. 3) Considering the law laid down by the Hon'ble Supreme Court in case of N.C.V. Aishwarya vs. A.S.Saravana Karthik Shah, reported in 2022 SCC OnLine SC 1199 and in Miscellaneous Civil Application No. 239 of 2024 by Order dated 15 September, 2025, case is made out to allow the transfer application filed by the wife. 4) Miscellaneous Civil Application is allowed in terms of prayer clause (a). The said prayer clause (a) reads as under :- (a) that this Hon'ble Court be pleased to Transfer M.J. proceedings i.e. M.J. Petition No. 121/2024 along with all interlocutory proceedings pending therein from the Court of Alibaug to the Family Court at Nasik on such terms as this Hon'ble Court may deem fit and proper. 5) The Family Court at Nashik will expeditiously hear Application Ex.15/D (application under Section 24 of the Hindu Marriage Act) which are transferred from Alibaug and will dispose off the same as early as possible and in any case, within a period of three months from today.

[RAJESH S. PATIL, J.]