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Bombay High Court

SWATI DNYANESHWAR VIRGAONKARversusDNYANESHWAR SOMNATH VIRGAONKAR

Disposal
DISPOSED OFF

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


                                                   1                         14.odt


                     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.
                                     2                        14.odt


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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