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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and the need to avoid parallel proceedings, the court allowed the transfer, directing that the husband’s petition be withdrawn from Khed and transferred to Kalyan, and disposed of the application.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

Subjects

  • transfer of suit
  • marriage petition
  • Hindu Marriage Act
  • Section 24 CPC
  • inconvenience
  • parallel proceedings
  • jurisdiction

Judgment

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                                                                                    911-MCA-11-2026 (C).DOC


                                         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.”



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                                                                911-MCA-11-2026 (C).DOC


         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


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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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