Bombay High Court

VAIBHAVI VIKAS KHADEversusVIKAS LAXMAN KHADE

Disposal: DISPOSED OFF

Holding

The suit is transferred to the Civil Judge, Senior Division, Gangakhed.

Summary

The applicant, Vaibhavi Vikas Khade, filed an application under Section 24 of the Code of Civil Procedure seeking transfer of H.M.P. No. 158 of 2025 from the Civil Judge, Senior Division, Beed to the Civil Judge, Senior Division, Gangakhed. The minor daughter, about four years old, resides with the applicant, making travel to Beed inconvenient. The respondent‑husband was served but did not appear to oppose the transfer. The court considered the welfare of the minor and the 100‑kilometre distance as compelling reasons for transfer. It also noted the respondent's non‑appearance as a factor and ordered the case to be transferred to Gangakhed, permitting video‑conferencing appearance if the respondent later applies.

Issues considered

Whether the suit H.M.P. No. 158 of 2025 should be transferred from Beed to Gangakhed under Section 24 of the CPC considering the convenience of the applicant and the minor child.

Legislation cited

Code of Civil Procedure, 1908 — s. 24

Subjects

transfer of suit
Section 24 CPC
minor child welfare
convenience of parties
non‑appearance
video conferencing

Judgment

2026:BHC-AUG:41650

                     IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                BENCH AT AURANGABAD

                      916 MISC.CIVIL APPLICATION NO. 12 OF 2026

                                    Vaibhavi Vikas Khade
                                           VERSUS
                                    Vikas Laxman Khade
                                             ...
                         Advocate for Applicant : Mr. Munde Sachin B
                                             ...

                               CORAM       : ROHIT W. JOSHI, J.
                               Dated       : September 09, 2026

           PER COURT :-

           1.    The respondent-husband, though served, has not entered an

           appearance.


           2.    This is an application filed under Section 24 of the Code of Civil

           Procedure, seeking transfer of H.M.P. No. 158 of 2025 from the Court of

           the learned Civil Judge, Senior Division, Beed, to the Court of the

           learned Civil Judge, Senior Division, Gangakhed.


           3.    The distance between the two places is around 100 kilometers.

           The minor daughter of the parties, who is presently around four years

           old, is staying with the applicant-mother. Although such a statement is

           not made in the application, the learned advocate for the applicant

           draws attention to the First Information Report, in which it is stated

           that the applicant is residing with the minor daughter.


           4.    In view of the aforesaid, having regard to the fact that the minor

           daughter of the parties is staying with the applicant-wife and the


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                                                               916 MCA 12-2026



distance between the two places is around 100 kilometers, H.M.P. No.

158 of 2025 is ordered to be transferred from the Court of the

learned Civil Judge, Senior Division, Beed, to the Court of the learned

Civil Judge, Senior Division, Gangakhed.


5.       The order is passed having regard to the fact that it will not be

convenient for the applicant to travel to Beed along with her minor

daughter, or to travel to Beed while leaving the minor daughter

behind.


6.       The fact that the respondent-husband has chosen not to

appear in the present proceedings to oppose the prayer is also a

consideration which has weighed with this Court in allowing the

transfer application.


7.         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 Civil Judge, Senior Division,

Gangakhed.



                                                 ( ROHIT W. JOSHI, J. )




vj gawade/-.


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