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2026 DAILYLAW 16173 (BOM)

Saudamini Shivshankar Swami v. Shivshankar Mallikarjun Swami

MCA/215/2026 · 2026-10-05

body2026

Judgment text

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1 30-mca-215-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 215 OF 2026 Saudamini Shivshankar Swami VERSUS Shivshankar Mallikarjun Swami ... Advocate for Applicant : Mr. Sejul Subhash Murlidharrao ... CORAM : ROHIT W. JOSHI, J. DATED : OCTOBER 05, 2026 P.C.: 1. Notice in the present application was issued vide order dated 10.08.2026. Permission was also granted to serve the respondent by private mode through speed post. The applicant has filed affidavit of service stating that the respondent/husband has refused to accept the notice sent through speed post on 25.08.2026. In support, advocate’s letter with postal receipt and tracking report are filed on record along with copy of sealed envelope. Perusal of tracking report and sealed envelope indicate that the notice is refused on 25.08.2026. The office has endorsed that this is a good service. 2. Present application is filed under Section 24 of the Code of Civil Procedure seeking transfer of Hindu Marriage Petition No.A-07 of 2023 from the Court of learned Family Court, Osmanabad to learned Family Court at Latur. The applicant/wife has stated that two minor children of parties aged around 5 and 8 years are residing with her and 2026:BHC-AUG:46483 2 30-mca-215-2026.odt therefore, it will be difficult for her to attend the Court proceeding at Osmanabad, although, the distance between two places is around 90 kms. 3. Having regard to the fact that minor children of the applicant who are presently aged about 8 and 5 years respectively are residing with applicant/wife coupled with the fact that respondent/husband though duly served has not entered appearance to oppose the transfer application, the transfer application deserves to be allowed. Hindu Marriage Petition No.A-07 of 2023 is ordered to be transferred from the Court of learned Family Court, Osmanabad to learned Family Court at Latur. Miscellaneous Civil Application is disposed of. 4. In the event the respondent/husband 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 learned Family Court, Latur. [ROHIT W. JOSHI J.] Mujaheed//