Anita Abhay TupvihireversusAbhay Bhagwan Tupvihire

2026:BHC-AUG:25471
                                                                            905.MCA.118.2026.odt



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                     MISCELLANEOUS CIVIL APPLICATION NO. 118 OF 2026

          Anita Abhay Tupvihire                                   ...Applicant

                   Versus

          Abhay Bhagwan Tupvihire                                 ...Respondent
                                           ***
          Mr. Avinash N. Suryawanshi h/f Mr. Dhotare V.S., Advocate for the
          Applicant
          Mr. Ramesh N. Dhakane h/f Mr. V.A. Mundhe, Advocate for the Respondent.
                                           ***
                                          CORAM : ABHAY J. MANTRI, J.
                                          DATE : JULY 02, 2026
          PER COURT :

          1.                Heard learned counsel for the Applicant and the Respondent.

          2.                The learned counsel for the Applicant submitted that, during the

          pendency of the present Application, the Court of the Civil Judge, Senior

          Division, has been established at Paithan. He, therefore, seeks leave to

          amend prayer clause (B) and thereby seeks transfer of the proceedings to the

          learned Civil Judge, Senior Division, Paithan instead of the learned Civil

          Judge, Senior Division, Aurangabad. The learned counsel for the Respondent,

          on instructions, has given no objection to the said request.

          3.                In view of the above, leave, as prayed for, is granted. The

          Applicant is permitted to amend prayer clause (B) accordingly. The

          amendment is to be carried out, and the amended Application is to be

          uploaded online within one week from today.

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4.                By the present Application, the Applicant seeks transfer of

Hindu Marriage Petition No.277 of 2025 pending before the learned Civil

Judge, Senior Division, Ahmednagar, to the learned Civil Judge, Senior

Division at Aurangabad. By way of the amendment, the Applicant now seeks

transfer of the said proceedings to the learned Civil Judge, Senior Division,

Paithan.

5.                It appears that the Applicant has no source of income and is

residing at Taru Pimpalwadi, Post Shevta, Taluka Paithan, District

Chhatrapati Sambhajinagar, along with her parents. Therefore, it is difficult

and inconvenient for her to travel and attend the proceedings before the

learned Civil Judge, Senior Division, Ahmednagar, which is approximately

80 to 90 kilometres away from her place of residence. Hence, she has prayed

for the transfer of the said proceedings.

6.                The learned counsel for the Respondent, on instructions,

submitted that the Respondent has no objection to the transfer of the

proceedings from the learned Civil Judge, Senior Division, Ahmednagar, to

the learned Civil Judge, Senior Division, Paithan, subject to the condition

that the Applicant shall not seek unnecessary adjournments in the matter

without sufficient cause.

7.                In response, the learned counsel for the Applicant, on

instructions, undertakes to this Court that the Applicant shall not seek any


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unnecessary adjournment in the proceedings.

8.                The statement made by the learned counsel for the Applicant on

behalf of the Applicant is accepted as an undertaking to this Court.

9.                Having considered the above facts, and the dictum laid down by

the Hon’ble Supreme Court in N.C.V. Aishwarya Vs. A. S. Saravana Karthik

Sha1, in my view, it would be appropriate to transfer Hindu Marriage Petition

No.277 of 2025 pending before the learned Civil Judge, Senior Division,

Ahmednagar, to the learned Civil Judge, Senior Division, Paithan.

10.               As a result, the Miscellaneous Civil Application is allowed in terms

of the amended prayer clause (B).

11.               Needless to clarify that the undertaking given by the Applicant

to this Court that she shall not seek any unnecessary adjournment in the

proceedings shall remain binding upon her.

12.               Inform both the concerned Courts accordingly.

13.               The Miscellaneous Civil Application stands disposed of

accordingly.




                                                          (ABHAY J. MANTRI, J.)




1     AIR Online 2022 SC 1268 ; 2022 SCC OnLine SC 1199

Shrikant Malani                                                               Page 3 of 3