Bombay High Court
Harshada Aakash DhawareversusAakash Kanu Dhaware
- Disposal
- APPLICATION ALLOWED
Holding
The transfer petition is allowed; the divorce petition is transferred to the Civil Judge Senior Division, Kallam.
Summary
The wife filed an application seeking transfer of the husband’s divorce petition from the Family Court in Dharashiv to the Civil Judge Senior Division in Kallam, where she resides. The husband lives in Pohner, about 5-6 km from Dharashiv, while Kallam is roughly 60 km away. A pending case under the Protection of Women from Domestic Violence Act (PWDVA No.52/2022) is already before the Judicial Magistrate in Kallam, and the husband is regularly attending it. The court considered the convenience of parties and the fact that the domestic violence proceedings are being conducted at Kallam, and found no difficulty for the husband to prosecute the divorce there. Despite the wife’s apprehensions about prior threats, the court allowed the transfer, ordered coordination of dates for both cases, and permitted video‑conferencing for the husband.
Issues considered
- Whether the divorce petition filed in the Family Court, Dharashiv, should be transferred to the Civil Court, Kallam, given the parties' residences and the pending domestic violence case.
Legislation cited
Subjects
- divorce
- transfer of petition
- family law
- domestic violence
- PWDVA
- jurisdiction
- video conferencing
Judgment
2026:BHC-AUG:41346
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
14 MISC. CIVIL APPLICATION NO. 151 OF 2026
HARSHADA AAKASH DHAWARE
VERSUS
AAKASH KANU DHAWARE
...
Ms. Shubhangi D. More, Advocate for applicant
Mr. J.S. Kadam, Advocate for sole respondent
...
CORAM : ROHIT W. JOSHI, J.
DATE : 07th SEPTEMBER, 2026
ORDER :
. Present application is filed seeking transfer of petition for divorce
filed by respondent-husband from the learned Family Court, Dharashiv to the
Court of Civil Judge Senior Division, Kallam. Applicant-wife is residing at
Kallam. Respondent-husband resides in a village named Pohner, which is
around 5-6 k.ms. away from Dharashiv. Distance between Kallam and
Dharashiv is around 60 k.ms. only. However, it is not in dispute that the wife
has filed a proceeding under the Protection of Women from Domestic
Violence Act against respondent-husband i.e. PWDVA No.52/2022, which is
pending on the file of learned Judicial Magistrate First Class at Kallam.
2 14_MCA_151_2026
Husband is regularly attending the said proceeding. In view of the aforesaid,
it will be appropriate if the divorce petition filed by husband is transferred at
Kallam, where the earlier litigation is already being contested by the parties.
Respondent-husband has not demonstrated any difficulty in prosecuting the
proceeding at Kallam. As against this, applicant-wife has expressed
apprehension citing earlier non cognizable reports about threat to her.
Therefore, transfer petition is allowed.
2 Hindu Marriage Petition bearing A No.88/2024 is ordered to be
transferred from the file of learned Family Court, Dharashiv to the Court of
learned Civil Judge Senior Division, Kallam.
3 Learned Civil Court and learned Judicial Magistrate First Class
are requested to post the Domestic Violence case on the same date as far as
possible.
4 Learned Civil Court and learned Judicial Magistrate First Class
are also requested to permit the husband to appear through Video
Conferencing on such dates and at such stages as may be deemed proper.
( ROHIT W. JOSHI, J. )
agd
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