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//
Checking your session…