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2026 DAILYLAW 7186 (BOM)

Harshada Aakash Dhaware v. Aakash Kanu Dhaware

MCA/151/2026 · 2026-09-07

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 14 MISC. CIVIL APPLICATION NO. 151 OF 2026 HARSHADA AAKASH DHAWARE VERSUS AAKASH KANU DHAWARE ... Ms. Shubhangi D. More, Advocate for applicant Mr. J.S. Kadam, Advocate for sole respondent ... CORAM : ROHIT W. JOSHI, J. DATE : 07th SEPTEMBER, 2026 ORDER : . Present application is filed seeking transfer of petition for divorce filed by respondent-husband from the learned Family Court, Dharashiv to the Court of Civil Judge Senior Division, Kallam. Applicant-wife is residing at Kallam. Respondent-husband resides in a village named Pohner, which is around 5-6 k.ms. away from Dharashiv. Distance between Kallam and Dharashiv is around 60 k.ms. only. However, it is not in dispute that the wife has filed a proceeding under the Protection of Women from Domestic Violence Act against respondent-husband i.e. PWDVA No.52/2022, which is pending on the file of learned Judicial Magistrate First Class at Kallam. 2026:BHC-AUG:41346 2 14_MCA_151_2026 Husband is regularly attending the said proceeding. In view of the aforesaid, it will be appropriate if the divorce petition filed by husband is transferred at Kallam, where the earlier litigation is already being contested by the parties. Respondent-husband has not demonstrated any difficulty in prosecuting the proceeding at Kallam. As against this, applicant-wife has expressed apprehension citing earlier non cognizable reports about threat to her. Therefore, transfer petition is allowed. 2 Hindu Marriage Petition bearing A No.88/2024 is ordered to be transferred from the file of learned Family Court, Dharashiv to the Court of learned Civil Judge Senior Division, Kallam. 3 Learned Civil Court and learned Judicial Magistrate First Class are requested to post the Domestic Violence case on the same date as far as possible. 4 Learned Civil Court and learned Judicial Magistrate First Class are also requested to permit the husband to appear through Video Conferencing on such dates and at such stages as may be deemed proper. ( ROHIT W. JOSHI, J. ) agd