Bombay High Court

Shivani Irappa AdargunchiversusIrappa Yellappa Adargunchi

Disposal: APPLICATION ALLOWED

Holding

The petition for judicial separation is transferred from the Family Court, Nanded to the Family Court, Pune.

Summary

The applicant, Shivani Irappa Adargunchi, filed an application under Section 24 of the Code of Civil Procedure seeking the transfer of a Hindu Marriage Petition (judicial separation) filed by her husband from the Family Court at Nanded to the Family Court at Pune. The husband initially opposed the transfer, arguing that the petition listed two addresses for the wife, one in Pune and one in Nanded, but later confirmed that the wife resides in Pune. The court noted the considerable distance of about 450 km between the two courts, the wife’s lack of income, and the fact that she had also filed a proceeding under the Protection of Women from Domestic Violence Act before the JMFC in Pune. No application was made to transfer the domestic‑violence proceeding. Accordingly, the court allowed the transfer of the judicial separation petition to Pune and permitted the husband to appear via video‑conferencing if he so applied.

Issues considered

Whether a petition for judicial separation filed in one family court can be transferred to another family court under Section 24 CPC on the ground of the respondent's residence and convenience.

Legislation cited

Subjects

Section 24 CPC
transfer of suit
judicial separation
family court jurisdiction
domestic violence
video conferencing

Judgment

                                    1                          927-MCA-112-2026.odt




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                927 MISC.CIVIL APPLICATION NO. 112 OF 2026

                     Shivani Irappa Adargunchi
                              VERSUS
                    Irappa Yellappa Adargunchi
                                …..
Mr. Govind Gangaram Suryawanshi, Advocate for Applicant.
                                 …..

                        CORAM           : ROHIT W. JOSHI, J.
                        DATE            : 04 SEPTEMBER 2026

PER COURT :


1.        The present Application is filed under Section 24 of the Code of

Civil Procedure seeking transfer of Hindu Marriage Petition No.A-

109/2025 filed by husband for decree of judicial separation before the

learned Family Court, Nanded to learned Family Court, Pune.

2.        Learned advocate for the respondent – husband had initially

opposed the transfer application stating that two addresses of the

applicant – wife are mentioned in the title clause, one is of Pune and the

other is of Nanded. However, at the request of this Court, the learned

advocate has taken instructions from the respondent – husband and on

instructions, he makes a statement that the applicant – wife is residing at

Pune.

3.        The distance between two places are approximately 450 km. The

Applicant does not have source of income. She has also filed proceeding

Kiran Kawre
                                    2                       927-MCA-112-2026.odt


under the provision of Domestic Violence Act before the learned JMFC,

Pune. Although the said proceeding is filed subsequent to the Petition for

judicial separation filed by the Respondent, he has not moved an

Application for seeking transfer of the D. V. proceeding.

4.        In view of above, the Application is allowed. The Petition being

HMP No. A-109/2025 for judicial separation filed by the Respondent is

transferred from file of learned Family Court, Nanded to file of learned

Family Court, Pune.

5.        In the event the respondent - husband makes an application for

appearance through video-conferencing, the same may be considered

favorably and permission to appear through video-conferencing may be

granted on such dates and at such stages as is deemed appropriate by the

learned Family Court, Pune.




                                              [ ROHIT W. JOSHI, J. ]




Kiran Kawre

Continue reading with your account

Checking your session…