Extracted from the PDF above. The PDF is authoritative.
IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD 919 MISC.CIVIL APPLICATION NO. 41 OF 2026 Nisha Sumit Khandizod VERSUS Sumit Suresh Khandizod ... Advocate for Applicant : Mr. Raut Ashok Dinkar ...
CORAM : ROHIT W. JOSHI, J. Dated : September 09, 2026 PER COURT :-
1. Office note dated 12th March 2026 indicates that the respondent is served. However, the respondent has not filed appearance in order to oppose the transfer application.
2. The applicant seeks transfer of the matrimonial proceeding bearing Marriage Petition No.136 of 2025 filed by the respondent- husband at Civil Judge, Senior Division, Kopargaon, District Ahilyanagar, to Civil Judge, Senior Division, Dhule. The distance between the two places is around 230 kilometers.
3. It is stated in the application that the applicant-wife has filed a proceeding under the Domestic Violence Act bearing Criminal M.A. No. 449 of 2024, which is pending before the Court of the learned Judicial Magistrate First Class at Dhule. The applicant has stated that the respondent-husband is attending the said proceeding. It is contended Page
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919 MCA 41-2026 that since the husband is attending the said proceeding, which was instituted prior in point of time, the husband can prosecute the matrimonial proceeding filed by him at Kopargaon before the competent Court at Dhule as well.
4. Having regard to the fact that the earlier proceeding instituted by the applicant-wife is pending at Dhule, which is being attended by the respondent-husband, and further having regard to the fact that the respondent has not chosen to oppose the present application by remaining absent, the transfer application is allowed.
5. Marriage Petition No. 136 of 2025 is ordered to be transferred from the Court of the learned Civil Judge, Senior Division, Kopargaon, to the Court of the learned Civil Judge, Senior Division, Dhule.
6. 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 may be deemed appropriate by the learned Civil Judge, Senior Division, Dhule.
( ROHIT W. JOSHI, J. ) vj gawade/-. Page
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