908. MCA 146 of 2026.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.146/2026 Nikita Rohit Vaishnav ...Versus… Rohit Sudarshan Vaishnav - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. Shaikh Tousif Saifuddin, Advocate for applicant Mr. Shaikh Ashraf Patel, Advocate h/f Mr. A.P. Avhad, Advocate for respondent CORAM : ROHIT W. JOSHI, J. DATE : 16/09/2026 1. The present Misc. Civil Application is filed seeking transfer of Petition No.A-78/2024 from the file of learned Family Court, Aurangabad to the learned Family Court at Dhule. 2. The Marriage Petition is filed by the respondent/husband for restitution of conjugal rights. The applicant/wife is staying at Dhule. It is stated that distance between Aurangabad to Dhule is around 175 kilometers and it will be difficult for the wife to attend the proceeding before the Court at Aurangabad due to financial constraints and also because there is no suitable person to accompany the wife for travelling from Dhule to Aurangabad. 3. Apart from this, it is stated that three proceedings instituted prior in point of time for prosecution of offence punishable under Section 498 A of Indian Penal Code, for 2026:BHC-AUG:42524 908. MCA 146 of 2026.odt 2 maintenance under Section 125 of the Code of Criminal Procedure and another proceeding under the Protection of Women from Domestic Violence Act, 2005 are already pending before the Competent Courts at Dhule and as such no prejudice will be caused to the husband, if the marriage petition is also transferred to Dhule. 4. Learned Advocate for the respondent/husband argues that the marriage petition is pending for a period of around 2 years and already order to proceed without written statement of the applicant/wife is passed in the marriage petition. He contends that examination-in-chief of the husband is over and now the case is posted for admission of documents and cross-examination. Learned Advocate for the respondent/husband states that for the present, the husband does not intend to examine any other witness. He, therefore, argues that the matter is likely to be concluded within two to three dates. 5. Having regard to the advanced stage of the proceedings, in the considered opinion of this Court, it will not be appropriate to direct transfer of proceedings from Aurangabad to Dhule. It must be stated that even if the proceeding is transferred, as prayed, the stage of proceeding will not alter. 6. In view of the aforesaid, no case is made out for ordering transfer of case from Aurangabad to Dhule. The Misc. Civil Application is, therefore, rejected. 908. MCA 146 of 2026.odt 3 7. It will be open for the applicant/wife to move appropriate application for setting aside ex parte order, and permission to file written statement, if she so desires. 8. In the event the applicant/wife makes an application for appearance through Video-Conferencing, the same may be considered favourably and permission to appear through Video-Conferencing may be granted on such dates and at such stages as is deemed appropriate by the learned Family Court. (ROHIT W. JOSHI, J.) Gawade