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2025 DAILYLAW 4767 (BOM)

SHALAKA W0 PRAVIN KAWALE v. PRAVIN RAGHUNATH KAWALE

MCA/344/2025 · 2026-09-09

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Judgment text

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IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD 906 MISC.CIVIL APPLICATION NO. 344 OF 2025 Shalaka W/0 Pravin Kawale VERSUS Pravin Raghunath Kawale ... Advocate for Applicant : Mr. Parghane Madhukar Maroti Advocate for Respondent : Mr. Kamal Anandani through VC. ... CORAM : ROHIT W. JOSHI, J. Dated : September 09, 2026 PER COURT :- 1. The present petition is filed in order to seek transfer of Marriage Petition No. A-296 of 2025 from the Court of the Principal Judge, Family Court, Akola to the Court of the learned Civil Judge, Senior Division, Parbhani. 2. The applicant-wife has mentioned her address as Mahavir Nagar, Purna, Taluka Purna, District Parbhani. However, the respondent- husband has filed a reply stating that she is presently posted as a Sales Tax Officer at Akola. The learned advocate for the respondent draws attention to the summons served in the divorce petition on the applicant-wife at her office address at Akola in support of his contention that the applicant is presently posted at Akola. 3. In view of the aforesaid, there is no propriety in allowing the transfer application by ordering transfer of the marriage petition from Page 1 of 3 2026:BHC-AUG:41769 906 MCA 344-2025 Akola to Parbhani. 4. The other contention raised by the applicant is that a petition for restitution of conjugal rights bearing Marriage Petition No. 32 of 2023 was filed before the Court of the learned Civil Judge, Senior Division, Parbhani. It is stated that the restitution petition and divorce petition should be decided together in order to avoid the possibility of any conflicting decisions. 5. The learned advocate for the respondent makes a statement that the restitution petition filed by the applicant-wife came to be allowed by the learned Civil Judge, Senior Division, Parbhani vide judgment and decree dated 1st September 2024. 6. In view of the statement made regarding final disposal of the restitution petition, and having regard to the fact that the applicant- wife is presently working at Akola, no case for seeking transfer of Marriage Petition No. A-296 of 2025 from Akola to Parbhani is made out. 7. The application is, therefore, rejected. 8. In the event the applicant - wife makes an application for appearance through video-conferencing, the same may be Page 2 of 3 906 MCA 344-2025 considered favorably and permission to appear through video- conferencing may be granted on such dates and at such stages as is deemed appropriate by the learned Principal Judge, Family Court, Akola. ( ROHIT W. JOSHI, J. ) vj gawade/-. Page 3 of 3