Bombay High Court
SWATI DNYANESHWAR VIRGAONKARversusDNYANESHWAR SOMNATH VIRGAONKAR
- Disposal
- DISPOSED OFF
- Bench
- ABHAY MANTRI
Holding
The transfer of the divorce proceeding from Nashik Family Court to Dhule Family Court is appropriate and is ordered.
Summary
Swati Dnyaneswar Virgaankar applied to transfer her divorce proceedings (Marriage Petition No. A-298/2025) from the Family Court in Nashik to the Family Court in Dhule. The respondent did not appear, indicating no opposition. The applicant argued that she has no income, a minor daughter, and the 120 km distance makes attending Nashik impractical, especially as a maintenance execution proceeding is already pending in Dhule. The court, relying on the precedent set in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha (AIR Online 2022 SC 1268), found the transfer appropriate. Consequently, the application was allowed and the case was transferred to Dhule, with the matter disposed accordingly.
Issues considered
- Whether a family court proceeding may be transferred to another family court on grounds of convenience, financial hardship, and pending related execution proceedings.
Subjects
- transfer of jurisdiction
- family court
- divorce
- maintenance execution
- convenience of parties
- minor child
Judgment
2026:BHC-AUG:31252
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
MISC. CIVIL APPLICATION NO. 102 OF 2026
SWATI DNYANESHWAR VIRGAONKAR
VERSUS
DNYANESHWAR SOMNATH VIRGAONKAR
...
Advocate for Applicant : Mr. Chetan Barku Chaudhari
…
CORAM : ABHAY J. MANTRI, J.
DATE : 27th JULY, 2026
PER COURT :
1. The Applicant seeks transfer of the divorce proceeding
bearing Marriage Petition no. A-298/2025, pending before the learned
Family Court, Nashik, to the learned Family Court, Dhule.
2. Heard the learned Advocate for the Applicant. No one
appears for the Respondent, though served. It seems that the Respondent
is not interested in resisting the Application, or he has no grievance about
the averments made in the Application.
3. The Applicant contends that she has no source of income
and a minor daughter is living with her. Therefore, it is inconvenient and
difficult for her to attend the proceeding at Nashik, which is
approximately 120 kms. away. Apart from that, the execution proceeding
of arrears of maintenance amount is pending before the learned Family
Court at Dhule.
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4. Having considered the above facts and in view of the law
laid down in the case of N.C.V. Aishwarya Vs. A. S. Saravana Karthik Sha
reported in AIR Online 2022 SC 1268 , I deem it appropriate to transfer the
divorce proceeding bearing Marriage Petition no. A-298/2025, pending
before the learned Family Court, Nashik, to the learned Family Court,
Dhule.
5. As a result, the Application is allowed in terms of prayer
clause ‘C’.
6. Inform the concerned Courts, accordingly.
7. The Application is disposed of, accordingly.
( ABHAY J. MANTRI, J. )
SPC
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