Bombay High Court
RUTUJA NARESH KAMBLEversusNARESH ASHOK KAMBLE
- Disposal
- APPLICATION ALLOWED
Holding
The marriage petition is to be transferred to the Civil Court, Beed.
Summary
The applicant, Rutuja Naresh Kamble, filed an application seeking the transfer of her marriage petition (No.97/2026) from the Civil Judge Senior Division in Kalyan, Thane, to the Civil Court in Beed. She alleged that she has no source of income, lives with her elderly mother, and the distance of over 300 km would cause hardship in attending proceedings. The respondent, Naresh Ashok Kamble, was duly served but did not appear to oppose the transfer. The court considered the applicant’s financial and logistical difficulties and the respondent’s lack of opposition. Finding the reasons sufficient, the court ordered the marriage petition to be transferred to the Beed court. The application for transfer was allowed.
Issues considered
- Whether the marriage petition should be transferred from Kalyan to Beed on grounds of the applicant’s financial hardship and distance.
Subjects
- transfer of suit
- marriage petition
- civil procedure
- jurisdiction
- financial hardship
- distance
Judgment
2026:BHC-AUG:39550
(1) 934mca121.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
934 MISC.CIVIL APPLICATION NO. 121 OF 2026
Rutuja Naresh Kamble
….Applicant
VERSUS
Naresh Ashok Kamble
…..Respondent
Mr. R. D. Sanp, Advocate for the Applicant
CORAM : ROHIT W. JOSHI, J.
DATE : 29th AUGUST, 2026
PER COURT :
1. Office note dated 31-07-2026 indicates that Respondent
is duly served. However, he has not caused appearance to oppose the
transfer Application.
2. The present Applicant seeks transfer of Marriage Petition
No.97/2026 from the Court of learned Civil Judge Senior Division,
Kalyan, Dist. Thane to the learned Civil Court, Beed. It is stated in the
Application that the Applicant wife has no source of income and is
residing with her old aged mother and the distance between two places
is round more than 300 km.
3. Having regard to the averments in the Application
regarding wife having no source of income and difficulty mentioned
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in attending the Court proceeding at Kalyan and also having regard
the fact that the husband has chosen not to oppose the transfer
Application, the Application is allowed.
4. The Marriage Petition No.97/2026 is ordered to be
transferred from the Court of learned Civil Judge Senior Division,
Kalyan, Dist. Thane to the learned Civil Court, Beed
[ROHIT W. JOSHI, J. ]
VishalK/934mca121.26
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