PREETI VIRAJ MANEversusVIRAJ VIJAY MANE

                                                                      5-MCA-129-2026.docx



          rrpillai
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION
                         MISCELLANEOUS CIVIL APPLICATION NO.129 OF 2026


                        Preeti Viraj Mane                       …    Applicant
                             Vs.
                        Viraj Vijay Mane                        …    Respondent


                        Mr. Shubham Mhatre a/w. Ms. Janhavi Bhosale and Mr.
                        Bhalchandra Dhapte for the Applicant.
                        Mr. Nagesh G. Gad for the Respondent.

                                               CORAM : GAURI GODSE, J.

                                               DATE :       11th SEPTEMBER 2026

                        ORDER :


                        1.    This miscellaneous application is filed by the wife

                        seeking transfer of the Marriage Petition filed by the

                        respondent-husband pending before the Family Court,

                        Bandra to the Civil Court at Pimpri.


                        2.    On the last date learned counsel for the respondent

                        had taken time to take instructions whether respondent is

                        agreeable to settle the dispute amicably and whether he

                        would pay some amount towards maintenance to show his

                        bonafide. However, learned counsel for the respondent has
           Digitally
           signed by
           RAJESHWARI
RAJESHWARI RAMESH
                        no instructions regarding payment of any maintenance.
RAMESH     PILLAI
PILLAI     Date:
           2026.09.16                                 1/5
           10:43:08
           +0530
                                                 5-MCA-129-2026.docx


3.    Learned counsel for the applicant submits that the

applicant is presently residing in Pune along with her minor

child who is a slow learner and requires therapy and constant

attention. He submits that the applicant was unable to look

after the son, alone at her residence at Dadar; hence, she

was constrained to shift to Pune as she was subjected to ill-

treatment by the respondent and his family members. He

submits that since she had no support when residing at

Dadar she was constrained to shift to Pune as she has

support of her parents. He submits that the applicant has no

independent source of income and is dependent on her

parents.


4.    He submits that presently, the applicant is facing

financial difficulty as no amount has been paid by the

respondent. He submits that the applicant was required to

borrow amount from her parents for her survival and for the

expenses for her minor son.         He submits that distance

between Mumbai and Pune is approximately 180 kms which

takes around 5 hours. Hence it is difficult for the applicant to

travel from Pune to Bandra Family Court. He submits that

the minor child is seven years old. Hence, it would not be



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possible for the applicant to travel from Pune to Mumbai. He

therefore submits that the marriage petition filed by the

respondent-husband in the Family Court at Bandra be

transferred to the Civil Court at Pimpri.


5.    Learned counsel for the respondent has filed his

affidavit-in-reply to oppose the contentions raised in the

application. Learned counsel for the respondent submits that

the applicant has left the premises at Dadar on her own by

keeping the premises locked. Hence, the respondent should

not be made to travel till Pune as the applicant has a place to

reside in Mumbai.


6.    Learned counsel for the applicant on instructions

submits that the premises where she was residing at Dadar

is a tenanted premises in the name of respondent’s father.

He on instructions submits that the applicant has not kept the

premises under her independent lock and keys.


7.    I have perused the papers. Various allegations and

counter allegations are made by both the parties in the

application and the affidavit-in-reply. However, there is no

dispute that the applicant is presently residing along with her

minor son at Pune. There is also no dispute that the child is

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a slow learner and would require constant attention.

8.    In view of the aforesaid admitted facts regarding

distance from Mumbai to Pune, the applicant residing at

Pune along with her minor son with help of her parents and

she having no independent source of income, the applicant

would face inconvenience in traveling from Pune to Mumbai.

According to the learned counsel for the respondent he is

working in his father’s company. Hence there would not be

any inconvenience to the respondent to attend the court at

Pune. The applicant has also filed proceedings under The

Protection of Women from Domestic Violence Act, 2005 in

the court at Pimpri.

9.    Hence,       considering    the   aforesaid      facts     and

circumstances of the case the applicant has made out a case

to transfer the petition from Family Court at Bandra to Civil

Court at Pimpri.

10.   For the reasons recorded above, the miscellaneous

civil application is allowed in terms of prayer clause (a) which

reads as under :

      “(a)   That Marriage Application No. A-1819 of 2024

      filed 13(1)(i)(a) and 26 of the Hindu Marriage Act, 1955


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(Viraj Vijay Mane V. Preeti Viraj Mane) pending before

the Hon’ble 5th Family Court at Bandra Dist : Mumbai-

Suburban to the Court of Hon’ble Senior Division

Pimpri, may kindly be transferred.”




                                      [GAURI GODSE, J.]




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