Bombay High Court

Madhuri Rahul KolheversusRahul Uttam Kolhe

Disposal: DISMISSED
Bench: Y G KHOBRAGADE

Holding

The petition is transferred to the Family Court, Dharashiv under Section 24 of the CPC.

Summary

The applicant-wife filed an application under Section 24 of the Civil Procedure Code seeking transfer of matrimonial proceeding No. A‑2255 of 2025 from the Family Court, Bandra, Mumbai to the Family Court, Dharashiv. The respondent‑husband, through his counsel, consented to the transfer. The Court considered the convenience of the applicant and the consent of the non‑applicant. Accordingly, the petition was withdrawn from the Bandra court and transferred to the Dharashiv court for trial, to be heard together with a restitution of conjugal rights petition (No. A‑131 of 2025). The order was directed to be communicated to both courts.

Issues considered

Whether the application under Section 24 CPC for transfer of the matrimonial proceeding can be granted?

Legislation cited

Code of Civil Procedure, 1908 — s. 24

Subjects

transfer of suit
family court
Section 24 CPC
matrimonial proceedings
restitution of conjugal rights

Judgment

                                 1                       908mca1.126



          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD

               908 MISC.CIVIL APPLICATION NO. 1 OF 2026

                        MADHURI RAHUL KOLHE
                              VERSUS
                         RAHUL UTTAM KOLHE

                                      ...
      Advocate for Applicant : Mr. Adinat B. Jagtap h/f Mr. Amarsinha
                           Dharmaraj Sonkawade
     Advocate for the Respondent : Mr. Avinash Dhangale h/f Mr. Anand
                                 Ashapure
                                     …


                               CORAM : Y.G. KHOBRAGADE, J.
                               DATE : 28.01.2026
PER COURT :


1.           Heard the learned counsel Mr. Jagtap h/f. Mr. Sonkawade,

appearing for the applicant-wife and Mr. Dhangale h/f. Mr. Ashapure,

learned Counsel appearing for the respondent/husband at length.



2.           By the present application under Section 24 of the C.P.C. the

applicant/wife prays for transfer of matrimonial proceeding bearing No.

A-2255 of 2025 from the file of learned Family Court, Bandra, Mumbai to

the file of learned Family Court, Dharashiv.



3.           The learned counsel Mr. Dhangale h/f. Mr. Ashapure

appearing for the respondent/husband, on instructions, fairly conceded

for transfer of the petition A-2255 of 2025 to the file of learned Family

Court, Dharashiv from the file of Family Court, Bandra, Mumbai.
                                 2                      908mca1.126



4.           Therefore, considering the convenience of the applicant/wife

and the consent given by the non-applicant/husband, the petition No.

A-2255 of 2025 is hereby withdrawn from the file of learned Family

Court, Bandra, Mumbai and it is transferred to the Family Court,

Dharashiv for trial and disposal according to the law and to decide it

along with the proceeding for restitution of conjugal rights petition

bearing No. A-131 of 2025.



5.           This order be communicated to both the Courts.




                                     ( Y.G. KHOBRAGADE, J.)




mahajansb/

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