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2025 DAILYLAW 15186 (BOM)

NAGMANI W/O SANDEEP KAMBLE v. SANDEEP S/O SOPAN KAMBLE

MCA/146/2024 · 2025-02-03

Shri Kishore C Sant

body2025

Judgment text

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1 146.24MCA IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 11 MISC.CIVIL APPLICATION NO. 146 OF 2024 NAGMANI W/O SANDEEP KAMBLE VERSUS SANDEEP S/O SOPAN KAMBLE ... Advocate for Applicant : Mr. A. N. Suryawanshi … CORAM : KISHORE C. SANT, J. Dated : February 03, 2025 PER COURT :- 1. Heard learned Advocate for the applicant. 2. The application is filed seeking transfer of proceedings of application No. A-611/2022 pending before the Family Court, Aurangabad to learned Civil Judge Senior Division, Biloli, Tq. Biloli Dist. Nanded. 3. The applicant is a wife. The respondent- husbnad has filed the proceedings before the Family Court, Aurangabad. The learned Advocate submits that in fact the respondent-husband is residing at Yeoti, Tal. Mukhed, the applicant-wife is resident of Tal. Degloor and still proceeding is filed at Aurangabad which is around 420 kms 2025:BHC-AUG:3269 2 146.24MCA from Degloor. There is no Court of Senior Division at Degloor. 4. There are two proceedings i.e. criminal PWDVA Application No. 21/2023 and Criminal Miscellaneous Application No. 26/2023 pending for maintainance under Section 125 of C.P.C. Since two proceedings are pending before the Judicial Magistrate First Class, Degloor, it would be convenient to transfer the proceedings to the Court at Biloli. The learned Advocate submits that there is no one to accompany her to travel to Aurangabad for attending the Court proceedings. Considering the above, this Court is inclined to allow the application. Hence following order : ORDER i. The application is allowed in terms of prayer clause “B”. ii. After transfer of proceedings, the Trial Court shall try to dispose of proceedings as early as possible and preferably within eighteen (18) months from the date of transfer. iii. The applicant-wife shall not seek any unnecessary 3 146.24MCA adjournments. If the Court finds that unnecessary adjournments are sought by the applicant-wife, the Court may pass appropriate order compensating the respondent- husband in case he personally attends the Court on such date. ( KISHORE C. SANT, J. ) PRW