Bombay High Court
Sampada Akshay SawantversusAkshay Sanjay Sawant
- Disposal
- Allowed
Holding
The court held that the transfer application should be allowed to avoid parallel proceedings and inconvenience, and ordered the marriage petition to be transferred to the Kalyan court.
Summary
The wife (applicant) filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure seeking transfer of the husband’s marriage petition (dissolution under Section 13(1)(i‑a) of the Hindu Marriage Act) from the Civil Judge, Senior Division, Khed to the Civil Judge, Senior Division, Kalyan. She argued that she already has a pending marriage petition in Kalyan, is a resident there, and would face inconvenience and parallel proceedings if the two cases proceeded in different courts. The husband (respondent) opposed, contending personal presence is not required at every hearing. The court noted that an earlier application by the husband to transfer the applicant’s own petition from Kalyan to Khed had been rejected. Considering the inconvenience and the need to avoid parallel proceedings, the court allowed the transfer, directing that the husband’s petition be withdrawn from Khed and transferred to Kalyan, and disposed of the application.
Issues considered
- Whether a petition for transfer of a marriage petition under Section 24 CPC can be granted on the ground of inconvenience to a party.
- Whether the existence of a prior pending petition in another court warrants transfer to avoid parallel proceedings.
- Whether personal presence of a party at every hearing is a determinative factor for transfer.
Legislation cited
- Code of Civil Procedure, 1908 — s. 24
- Hindu Marriage Act, 1955 — s. 13(1)(i-a)
Subjects
- transfer of suit
- marriage petition
- Hindu Marriage Act
- Section 24 CPC
- inconvenience
- parallel proceedings
- jurisdiction
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
MISC.CIVIL APPLICATION NO. 11 OF 2026
Sampada Akshay Sawant …...Applicant
VERSUS
Akshay Sanjay Sawant …...Respondent
_________________________________________________________________
Mr. Rajvardhan K. Sasawade i/b Ms. Latika H. Belindage, for the Applicant.
Mr. Mohit P. Dalvi (Through V.C.) a/w Mr. Vaibhav v. Arage, for
Respondent.
_________________________________________________________________
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM CORAM : ASHWIN D. BHOBE, J.
DHUDUM Date:
2026.09.07
18:30:44
+0530
DATE : 4th SEPTEMBER, 2026.
P.C.
1. Heard Mt. Rajvardhan K. Sasawade, learned Advocate for the
Applicant and Mr. Mohit P. Dalvi, learned Advocate for Respondent.
2. By the present Application filed under Section 24 of the Code of
Civil Procedure, 1908, the Applicant has sought the following substantial
relief:
“(a). That this Hon’ble Court be pleased to transfer Marriage
Petition No.214 of 2025 filed before the Hon’ble Civil
Judge, Senior Division, Khed to the Hon’ble Civil Judge,
Senior Division, Kalyan.”
Shantanu S. Dhudum
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3. Mr. Rajvardhan K. Sasawade, learned Advocate for the Applicant
submits that the Applicant (Wife) is seeking transfer of the Marriage
Petition No.214 of 2025 filed by the Respondent (Husband) before the Civil
Judge, Senior Division, Khed, seeking dissolution of the marriage under
Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
4. Mr. Rajvardhan K. Sasawade, learned Advocate for the Applicant,
submits that the transfer of Marriage Petition No.214 of 2025 is sought
principally on the ground that an earlier Marriage Petition No. 1566 of
2025, filed by the Applicant, is pending before the Civil Judge, Senior
Division, Kalyan, District Thane. He submits that the Applicant is resident
of Kalyan, District Thane, and would face considerable inconvenience in
attending and pursuing the proceedings before the Civil Judge, Senior
Division, Khed.
5. Mr. Mohit P. Dalvi, learned Advocate for the Respondent, submits
that the Applicant is not required to remain personally present before the
Civil Judge, Senior Division, Khed, on every date of hearing. He, therefore,
opposes this Application.
6. Perused the record.
7. The record placed before this Court indicates that the
Respondent had earlier approached this Court by filing Miscellaneous Civil
Application No.77 of 2026, seeking transfer of the Marriage Petition
Shantanu S. Dhudum
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No.1566 of 2025 filed by the Applicant before the Civil Judge, Senior
Division, Kalyan, District Thane, to the Court of the Civil Judge, Senior
Division, Khed, District Ratnagiri.
8. By order dated 6th March, 2026, this Court declined the request
and rejected Miscellaneous Civil Application No.77 of 2026 filed by the
Respondent.
9. Considering the facts stated in the present Application, it is
evident that Marriage Petition No.1566 of 2025, filed by the Applicant, is
pending before the Civil Judge, Senior Division, Kalyan, District Thane,
(the same being a petition which is prior in point of time). The
Respondent's request for transfer of the said Petition from Kalyan to Khed
was rejected by this Court by order dated 6th March, 2026 passed in
Miscellaneous Civil Application No.77 of 2026.
10. Applicant has pleaded inconvenience as a ground for seeking
transfer.
11. In view of the above circumstances, and in order to avoid
parallel proceedings before two different Courts, the present Application
deserves to be allowed. Accordingly, the Application is allowed in terms of
prayer clause (a). Consequently, Marriage Petition No.214 of 2025 filed by
the Respondent pending before the Civil Judge, Senior Division, Khed, is
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withdrawn and transferred to the Civil Judge, Senior Division, Kalyan,
District Thane.
12. The Principal District Judge, Thane, is requested to assign
Marriage Petition No.214 of 2025 to the Civil Court at Kalyan which is
seized of Marriage Petition No.1566 of 2025 filed by the Applicant
13. The Applicant shall place a copy of this order before the
Principal District Judge, Thane.
14. All contention of the parties on the merits of the Marriage
Petition are left open.
15. Miscellaneous Civil Application No.11 of 2026 is disposed of.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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