Created by Fuzzy Cloud

Bombay High Court

Shamal Aditya TarangeversusAditya Ishwar Tarange

Disposal
DISMISSED

Holding

The application for transfer of the divorce proceedings is dismissed as bereft of merit.

Summary

The applicant sought to have divorce proceedings pending before the Family Court in Pune transferred to the Civil Judge, Senior Division, Rahata, or any other court within Ahmednagar district. The court noted that the applicant had concealed the material fact that she resides and works in Pune, despite an affidavit by the respondent stating the same, and that she had not filed a rejoinder. The applicant argued that she works from home and only travels to Pune a few times a week, but the court found that this did not create any difficulty in attending the Pune court. The presence of unrelated criminal and domestic‑violence cases in Rahata was held not to justify a transfer when the Family Court in Pune is competent. Consequently, the application was found to be without merit and dismissed.

Issues considered

  • Whether the divorce proceedings pending before the Family Court, Pune, can be transferred to the Civil Judge, Senior Division, Rahata.
  • Whether the applicant's residence and place of employment affect the jurisdiction for the divorce suit.
  • Whether the pendency of proceedings under the Protection of Women from Domestic Violence Act and IPC Section 498‑A in Rahata warrants transfer of the divorce suit.
  • Whether the applicant's failure to disclose her true residence constitutes lack of clean hands justifying dismissal.

Legislation cited

Subjects

  • divorce
  • transfer of suit
  • jurisdiction
  • family court
  • clean hands
  • residence
  • employment
  • Protection of Women from Domestic Violence Act
  • IPC 498-A

Judgment

2026:BHC-AUG:30228
                                                                               914.MCA.119.2026.odt



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                     MISCELLANEOUS CIVIL APPLICATION NO. 119 OF 2026

          Shamal Aditya Tarange                                            ...Applicant

                   Versus

          Aditya Ishwar Tarange                                            ...Respondent

                                              ***
           Mr. Shailesh Sudhakar Chapalgaonkar, Advocate for the Applicant.
           Mr. P. P. More h/f Mr. Pathade Kedar Ashok, Advocate for the Respondent.
                                              ***

                                                   CORAM : ABHAY J. MANTRI, J.
                                                   DATE : JULY 22, 2026
          PER COURT :

          1.                The Applicant seeks transfer of the divorce proceedings bearing

          Petition No. A-116 of 2026, pending before the learned Family Court, Pune,

          to the learned Civil Judge, Senior Division, Rahata, or to any other Court

          within the territorial jurisdiction of Ahmednagar District.


          2.                Heard learned counsel for the parties and perused the record.


          3.                Having heard the rival contentions of the parties, at the outset, it

          appears that the Applicant has not approached this Court with clean hands

          and has suppressed the material fact that she is employed with a company at

          Pune and is residing at Pune. However, she has intentionally pleaded that she

          is residing at Rahata and works from home. In fact, the Respondent, by filing


          Shrikant Malani                                                              Page 1 of 3
                                                                 914.MCA.119.2026.odt



an Affidavit-in-Reply, has specifically averred in paragraph No.4 that “ the

Applicant is regularly residing at Pune and carrying out her employment

therefrom”. The said averment has not been controverted nor denied by the

Applicant by filing a Rejoinder. Thus, the non-filing of the Rejoinder leads to

the inference that the Applicant is residing at Pune and carrying out her

employment therefrom. On this ground alone, the Application deserves to be

rejected.


4.                Apart from that, during arguments, the learned counsel for the

Applicant fairly submitted that it is correct that the Applicant is employed

with a company at Pune. However, he submitted that she works from home

and is required to attend the office twice or thrice in a week. If that being so,

the Applicant is already travelling to Pune to attend her employment and,

therefore, she can conveniently attend the proceedings before the learned

Family Court, Pune. It cannot be said that it is difficult for her to attend the

proceedings. In such circumstances, in my view, there is no necessity to

transfer the proceedings from the learned Family Court, Pune, to the learned

Civil Judge, Senior Division, Rahata.


5.                Moreover, the Applicant contends that the proceedings under the

Protection of Women from Domestic Violence Act and the proceedings under

Section 498-A of the Indian Penal Code are pending at Rahata. Merely

because those proceedings are pending at Rahata cannot be a ground to
Shrikant Malani                                                          Page 2 of 3
                                                                914.MCA.119.2026.odt



transfer the present proceedings from the learned Family Court, Pune, to the

learned Civil Judge, Senior Division, Rahata, particularly when the learned

Family Court, Pune, is competent to try and entertain proceedings. Further,

since the Applicant is admittedly required to visit Pune twice or thrice in a

week for her employment, as such, no case is made out for transfer of the

proceedings.


6.                Consequently, the Application, being bereft of merits, stands

dismissed.


7.                Inform the concerned Court accordingly.




                                                   (ABHAY J. MANTRI, J.)




Shrikant Malani                                                         Page 3 of 3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.