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Bombay High Court

PRIYANKA ONKAR YENDHEversusONKAR RAVINDRA YENDHE

Disposal
DISPOSED OFF

Holding

The divorce proceeding is transferred to the Civil Judge, Senior Division, Newasa.

Summary

Priyanka Onkar Yendhe applied to transfer her divorce suit (HMP No. 286/2025) from the Civil Judge, Senior Division, Junnar to the Civil Judge, Senior Division, Newasa. She asserted that she has no income and cannot travel the 170 km to Junnar, and that related proceedings under the Domestic Violence Act and Section 9 of the Hindu Marriage Act are already pending in Newasa. The respondent did not appear, indicating no opposition. The Court, relying on the Supreme Court’s decision in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha (AIR Online 2022 SC 1268), found the transfer appropriate to avoid hardship and to consolidate related matters. Accordingly, the application for transfer was allowed, and the matter was directed to the Newasa court.

Issues considered

  • Whether the divorce proceeding pending before the Civil Judge, Senior Division, Junnar can be transferred to the Civil Judge, Senior Division, Newasa on grounds of convenience and related pending proceedings

Legislation cited

Subjects

  • divorce
  • transfer of suit
  • jurisdiction
  • convenience
  • domestic violence
  • restitution of conjugal rights
  • Hindu Marriage Act
  • Protection of Women from Domestic Violence Act

Judgment

2026:BHC-AUG:31246


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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                         MISC. CIVIL APPLICATION NO. 159 OF 2026
                                 PRIYANKA ONKAR YENDHE
                                             VERSUS
                                 ONKAR RAVINDRA YENDHE
                                                 ...
                        Advocate for Applicant : Mr. Dond Manoj Appasaheb
                                                 …

                                                 CORAM : ABHAY J. MANTRI, J.
                                                 DATE : 27th JULY, 2026

              PER COURT :

              1.           The Applicant seeks transfer of divorce proceeding bearing

              HMP no. 286/2025, pending before the learned Civil Judge, Senior

              Division, Junnar, to the learned Civil Judge, Senior Division, Newasa.

              2.           Heard the learned Advocate for the Applicant. No one

              appears for the Respondent, though served and an opportunity was

              granted. It seems that the Respondent is not interested in resisting the

              application, or he has no grievance about the averments made in the

              Application. Therefore, there is no reason to discard the averments made

              in the Application.

              3.           The Applicant contends that she has no income source, and

              therefore, she is unable to travel and attend the proceeding at Junnar,

              which is approximately 170 kms. away. Apart from that, the proceeding
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under the provisions of the Domestic Violence Act is pending before the

learned Judicial Magistrate, First Class, Newasa, and the proceeding

under Section 9 of the Hindu Marriage Act for restitution of conjugal

rights is pending before the Civil Judge, Senior Division, Newasa.

Therefore, she urged that the divorce proceedings be transferred to

Newasa.

4.            Having considered the above facts and in view of the law

laid down by the Hon’ble Supreme Court in N.C.V. Aishwarya Vs. A. S.

Saravana Karthik Sha reported in AIR Online 2022 SC 1268, I deem it

appropriate to transfer the divorce proceeding bearing HMP no.

286/2025, pending before the learned Civil Judge, Senior Division,

Junnar, to the learned Civil Judge, Senior Division, Newasa.

5.            Consequently, the Application is allowed in terms of prayer

clause ‘B’.

6.            Inform the concerned Courts accordingly.

7.            The Application is disposed of.




                                                ( ABHAY J. MANTRI, J. )



SPC


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