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Bombay High Court

Lakshmi Rajesh Shenrod @ Lakshmi Kashinath MamadgeversusRajesh Shivaji Shenrod

Disposal
DISPOSED OFF

Holding

The transfer application was dismissed, with the court ordering personal appearance at Basmath, permitting video‑conferencing upon application, and allowing the wife to seek setting aside of the ex parte orders.

Summary

The wife filed a transfer application seeking to move a marriage petition from the Civil Judge Senior Division, Basmath to the same rank court in Udgir, citing a distance of about 130 km and her lack of income and accompaniment. The court noted that the distance was not substantial and no other grounds were advanced, concluding that the applicant had not made a case for transfer. Consequently, the application was rejected, but the court directed the husband to pay Rs.500 towards the wife's travel expenses for personal appearance at Basmath. The court further indicated that an application for video‑conferencing attendance could be entertained at the discretion of the trial judge. Additionally, the wife was granted leave to move an application to set aside the ex parte orders that had been passed against her for non‑appearance.

Issues considered

  • Whether the marriage petition proceedings should be transferred from Basmath to Udgir on the basis of distance and the wife's financial hardship.
  • Whether the court may permit the wife to appear via video‑conferencing.
  • Whether the ex parte orders against the wife can be set aside.

Subjects

  • transfer of suit
  • marriage petition
  • ex parte order
  • video conferencing
  • financial hardship
  • civil procedure

Judgment

2026:BHC-AUG:42677


                                                   1                       930-mca-154-2026.odt


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                  BENCH AT AURANGABAD
                             MISC.CIVIL APPLICATION NO. 154 OF 2026

                      Lakshmi Rajesh Shenrod @ Lakshmi Kashinath Mamadge
                                             VERSUS
                                      Rajesh Shivaji Shenrod
                                                ...
                            Advocate for Applicant : Mr. Ajinkya Reddy
                         Advocate for Respondent : Mr. S.P. Katneshwarkar
                                                ...
                                            CORAM : ROHIT W. JOSHI, J.
                                            DATED : SEPTEMBER 11, 2026
              P.C.:

              1.       Present application is filed seeking transfer of Marriage

              Petition A No.05 of 2026 from the file of learned Civil Judge Senior

              Division, Basmath to learned Civil Judge Senior Division, Udgir. The

              distance between two cities is around 130 kms.

              2.       The applicant/wife has stated that she has no source of

              income and there is nobody to accompany her to attend the

              proceedings before learned Court at Basmath and as such, it will be

              difficult for her to prosecute proceedings at Basmath. Apart from this,

              no other ground is stated in transfer application.     The parties are

              blessed with three children all of whom are residing with their paternal

              grandmother.

              3.       Having regard to the fact that distance between two cities is

              hardly 130 kms and except for financial hardship and there being no

              person to accompany the wife, no other reason is stated, in the
                                       2                        930-mca-154-2026.odt


considered opinion of this Court, no case is made out to transfer the

proceeding from Basmath to Udgir.

4.        In view of the above, the application is rejected. It is however

directed that the date on which the applicant/wife attend the

proceeding    personally   before   learned   Court    at   Basmath,     the

respondent/husband shall pay an amount of Rs.500/- for travelling

expenses to her.

5.        In the event, the appellant/wife 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, Basmath.

6.        At this stage, learned advocate for the applicant/wife states

that the marriage petition was filed by the husband for divorce in the

month of January-2026. Learned advocate states that present

application for transfer of proceeding was filed immediately in June-

2026.   He states that the applicant/wife could not appear before

learned Court at Basmath due to financial constrains and now in view

of her failure to appear in the suit, it is ordered to be proceeded exparte

and the suit is now posted for final arguments.

7.        Leave is granted to the applicant/wife to move an application

for setting aside exparte orders before learned Trial Court. The Trial
                                      3                       930-mca-154-2026.odt


Court may consider the said application, if filed, in accordance with law

particularly having regard to the fact that proceeding for transfer is

filed in January-2026.




                                            [ROHIT W. JOSHI J.]




Mujaheed//


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