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Bombay High Court

MRS. VRUSHALI VINOD THORAT MS. VRUSHALI ARUN MEHETRE (BEFORE MARRIAGE)versusMR. VINOD BALASAHEB THORAT

Decided
Disposal
Allowed

Holding

The court held that the applicant had made out a case of hardship and ordered the transfer of the marriage petition to the Rahata court.

Summary

The wife filed an application under Section 24 of the Code of Civil Procedure seeking transfer of a Hindu marriage petition filed by her husband from the Civil Court at Khed, Pune to the Civil Court at Rahata, Ahilyanagar. She argued that the 144 km distance, the residence of their four‑year‑old child with her in Rahata, her unemployment and financial constraints, and the fact that the husband had not appeared despite service, made it unduly hard for her to travel to Khed. She also noted that she had filed a maintenance application under Section 125 of the Criminal Procedure Code in Rahata, so the husband would not be inconvenienced by the transfer. The court examined these grounds, found that the applicant had demonstrated hardship and inconvenience, and consequently ordered the transfer of the marriage petition to the Rahata court. The order was made in accordance with the prayer clause seeking withdrawal from Khed and transfer to Rahata.

Issues considered

  • Whether a marriage petition may be transferred under Section 24 CPC on the grounds of distance, financial hardship, and the residence of a minor child with the applicant.

Legislation cited

Subjects

  • Section 24 CPC
  • transfer of suit
  • hardship
  • distance
  • minor child
  • maintenance
  • Section 125 CrPC
  • marriage petition
  • civil appellate jurisdiction

Judgment

                                                                        28-MCA-24-2026.docx


            rrpillai         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
                         MISCELLANEOUS CIVIL APPLICATION NO. 24 OF 2026


                        Vrushali Vinod Thorat               …    Applicant
                        Ms. Vrushali Arun Mehetre(Before
                        Marriage)
                             Vs.
                        Vinod Balasaheb Thorat              …    Respondent


                        Mr. Vinayak B. Gadekar for the Applicant.

                                          CORAM : GAURI GODSE, J.

                                          DATE :     18th SEPTEMBER 2026

                        ORDER :


                        1.    This application is filed under Section 24 of the Code of

                        Civil Procedure, 1908 (“CPC”) by the wife seeking transfer of

                        the marriage petition filed by the respondent-husband in the

                        court at Khed, Pune to the civil court at Rahata, District

                        Ahilyanagar.


                        2.    Learned counsel for the applicant submits that the

                        distance from Khed to Rahata is 144 kms. The applicant’s

                        minor child aged four years is residing with her at Rahata,

                        hence, it is difficult for her to travel such long distance with
           Digitally
           signed by
           RAJESHWARI
RAJESHWARI RAMESH
RAMESH     PILLAI
                        the minor child. He further submits that the applicant is
PILLAI     Date:
           2026.09.19
           10:56:58                                   1/3
           +0530
                                                28-MCA-24-2026.docx


unemployed and due to financial constraints it would be

difficult for the respondent to travel from Khed to Rahata.


3.    He further submits an application for maintenance

under Section 125 of The Code of Criminal Procedure, 1973

(Cr.PC.) is filed by the applicant in the court at Rahata.

Hence, there would not be any inconvenience to the

respondent to travel to Rahata if the marriage petition is

transferred.


4.    Though served, none appears for the respondent. As a

last chance to the respondent, the application was adjourned

on 2nd September 2026. Even today none appears for the

respondent. The reasons mentioned in the application are

not disputed by the respondent by filing any reply. The oral

submissions made on behalf of the applicant are supported

by the contentions raised in the application.


5.    I have perused the application. Considering the

distance, financial constraints and the hardship that would be

caused due to the minor child residing with the applicant, it

would be inconvenient for the applicant to travel from Rahata

to Khed in district Pune. Considering the grounds raised in

the application, the applicant has made out         a case to

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                                                28-MCA-24-2026.docx


transfer the proceedings on the ground of hardship and

inconvenience.


6.   For the reasons stated in the application, it is allowed in

terms of prayer clause (B) which reads as under :


      “B. That the proceedings of Hindu Marriage

      Petition No. 258 of 2025 filed by the Respondent

      may kindly be withdrawn from the Court of Civil

      Judge      Senior Division Khed, at Khed Pune

      District and the same may kindly be transferred to

      Ld. Civil Court Senior Division, Rahata at Rahata

      District-Ahilyanagar for its disposal according to

      law.”


                                          [GAURI GODSE, J.]




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