ASHA KIRAN PAWAR v. KIRAN SUBHASH PAWAR AND ANOTHER
MCA/195/2026 · 2026-09-02
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6855 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6855 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD 916 MISC.CIVIL APPLICATION NO. 195 OF 2026 Asha Kiran Pawar VERSUS Kiran Subhash Pawar And Another ... Advocate for Applicant : Mr. Satyajit Santosh Bora Advocate for Respondents No.1 and 2 : Mr. Bhushan I. Mahajan ... CORAM : ROHIT W. JOSHI, J. Dated : September 02, 2026 PER COURT :-
1. This is an application seeking transfer of Hindu Marriage Petition No.367 of 2023 from the Court of learned Civil Judge, Senior Division, Ahmednagar, to the learned Family Court, Beed and Criminal Miscellaneous Application Nos.185 of 2020 and 125 of 2022 from the Court of learned Judicial Magistrate First Class, Rahuri, to the Court of learned Judicial Magistrate First Class, Beed. 2. On a specific query made by this Court, the learned Advocate for the respondent states that HMP No.367 of 2023 is posted for evidence of the present applicant, who is respondent in the said marriage petition. 3. Likewise, Criminal Miscellaneous Application No.185 of 2020, which is a proceeding instituted under the provisions of the Protection of Women from Domestic Violence Act, by the mother-in-law of the Page
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916 MCA 195-2026 applicant, is also posted for evidence of the present applicant, who is respondent in the said proceeding. 4. Both these proceedings are at an advanced stage and are likely to come to an end soon. 5. It must also be stated that the mother-in-law of the applicant has undergone an angioplasty procedure in the year 2025. She is presently around 60 years of age. 6. In view of the aforesaid, no case is made out for transfer of HMP No.367 of 2023 and Criminal Miscellaneous Application No.185 of 2020. 7. As regards Criminal Miscellaneous Application No.125 of 2022, the said proceeding is filed by the wife under the provisions of the Protection of Women from Domestic Violence Act, seeking maintenance from the respondent-husband. 8. It is stated that after filing of the said petition, the applicant- wife was forcibly expelled from her matrimonial home despite order dated 22nd September 2020 passed by the Judicial Magistrate First Class. Page
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9. As regards the contention that the applicant-wife was forcibly expelled from the matrimonial home, the allegation pertains to the month of November 2024. A period of around 22 months has lapsed since then.
In the meantime, it is not the case of the applicant-wife that she has not attended any of the proceedings at Rahuri or Ahilyanagar. 10. It is not the case of the applicant, nor has she made any allegation about violence on any date or on any occasion when she has attended the court proceedings, either before the Court at Ahilyanagar or before the Court at Rahuri. 11. The distance between Beed and Rahuri is around 150 km. Rahuri is a taluka place near Shirdi. It is situated on the main highway. The distance between the two places is hardly 150 km. 12. In that view of the matter, in the considered opinion of this Court, no case is made out for transfer of Criminal Miscellaneous Application No.125 of 2022 from Rahuri to Beed, as prayed by the applicant-wife. Therefore, the application is liable to be rejected. Accordingly, it is rejected. 13. The applicant may apply for travelling expenses in the marriage petition and Domestic Violence Act petition filed by her, Page
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916 MCA 195-2026 and not in the petition filed by the mother-in-law. 14. The applicant may also seek permission for appearance through video conferencing in all three matters. In the event the applicant - wife makes an application for appearance through video- conferencing, the same may be 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 concerned Courts. ( ROHIT W. JOSHI, J. ) vj gawade/-. Page
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