Rajshree Ashutosh PatilversusAshutosh Vijaysingh Patil

                                                        921-MCA-151-2025 (C).docx


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR

                      CIVIL APPELLATE JURISDICTION

                MISC. CIVIL APPLICATION NO. 151 OF 2025

Rajshree Ashutosh Patil                              … Applicant
                    Versus
Ashutosh Vijaysingh Patil                            … Respondent


                                      ----
Mr. Rushikesh C. Barge a/w. Mr. Viren Ghatge for the Applicant.
                                    -------

                                Coram :       ASHWIN D. BHOBE, J.

                                Date      :   28th August 2026.

PER COURT :


1.    Heard Mr. Rushikesh Barge, learned Advocate for the Applicant.


2.    By the present Application filed under Section 24 of the Civil Procedure

Code 1908, the Applicant has sought for the following substantive relief in

terms of prayer clause (A):


       “(A) That this Honourable Court be pleased to transfer the Hindu
       Marriage Petition No. 186 of 2019 tiled under Section 13(1) (i-a) (i-
       b) Hindu Marriage Act pending before Family Court Solapur from
       the Family Court Solapur, to Civil Judge, Senior Division, Baramati.”




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3.    Mr. Rushikesh Barge, learned Advocate for the Applicant, states that

the notice in this Application was issued to the Respondent on 25 th April

2025, on which day the Applicant was granted ad-interim relief in terms of

prayer clause (B). He further states that the Respondent was served with the

said notice. He states that this Court again issued notice to the Respondent on

11th March 2026 after this Application was transferred to the Circuit Bench at

Kolhapur. He states that the second notice was also served on the Respondent

and therefore the service in this Application is complete.


4.    The Office Note dated 13th August 2025 indicates that the Respondent

was served with the first notice. The Office Note dated 21 st May 2026

indicates that the Respondent was served with the second notice issued by

this Court. The Sheristedar called out the name of the Respondent-Ashutosh

Vijaysingh Patil. Neither the Respondent nor any Advocate for the

Respondent was present, either in person or via V.C. mode.


5.    Mr. Rushikesh Barge, learned Advocate for the Applicant, states that

the Applicant (wife) is residing with her minor daughter, aged 15 years, at

Baramati. He submits that the Applicant is working as a Principal at Vidya

Pratishthan College, Baramati. He submits that on account of her

employment and the responsibility of the minor daughter, it is inconvenient

for the Applicant to attend and pursue the matrimonial proceedings bearing



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Hindu Marriage Petition No. 186 of 2019, filed by the Respondent (husband)

before the Family Court at Solapur. He submits that Solapur is far from

Baramati. He therefore submits that on account of the inconvenience caused

to the Applicant in attending the proceedings at Solapur, the Applicant has

made the present request for transfer of the said proceedings to the Court at

Baramati.


6.       Despite being served, the Respondent has chosen to remain absent.

Thus, it appears that the Respondent is not interested in contesting the

Applicant's transfer request.


7.       In the case of N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha 1, in para

No. 9, it has been observed as under:-

          “The cardinal principle for exercise of power under Section 24 of the
          Code of Civil Procedure is that the ends of justice should demand
          the transfer of the suit, appeal or other proceeding. In matrimonial
          matters, wherever Courts are called upon to consider the plea of
          transfer, the Courts have to take into consideration the economic
          soundness of both the parties, the social strata of the spouses and
          their behavioural pattern, their standard of life prior to the marriage
          and subsequent thereto and the circumstances of both the parties in
          eking out their livelihood and under whose protective umbrella they
          are seeking their sustenance to life. Given the prevailing socio-



1     2022 SCC OnLine SC 1199


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                              economic paradigm in the Indian society, generally, it is the wife’s
                              convenience which must be looked at while considering transfer.”


                       8.     Considering the statements in this Application, the inconvenience

                       stated by the Applicant in attending the Family Court at Solapur, the facts and

                       the submissions made by Mr. Rushikesh Barge, learned Advocate for the

                       Applicant, which remain unrebutted due to the Respondent's absence, this

                       Application is allowed.


                       9.     Consequently, the Hindu Marriage Petition No. 186 of 2019, pending

                       before the Family Court at Solapur, is withdrawn and is transferred to the

                       Civil Judge Senior Division at Baramati, having jurisdiction to try family and

                       marital disputes.


                       10.    The Principal District Judge, Pune, is requested to assign Hindu

                       Marriage Petition No. 186 of 2019 to the Civil Court at Baramati, which has

                       jurisdiction to try family and marital disputes.


                       11.    Mr. Rushikesh Barge, learned Advocate for the Applicant states that a

                       copy of this order would be placed before the Principal District Judge, Pune.


                       12.    Misc. Civil Application No. 151 of 2025 is allowed.


           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:                                              [ ASHWIN D. BHOBE, J. ]
           2026.08.31
           12:17:50
           +0530




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