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
- Code of Civil Procedure, 1908 — s. 24
- Code of Criminal Procedure, 1973 — s. 125
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
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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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