Bombay High Court
PRIYANKA ONKAR YENDHEversusONKAR RAVINDRA YENDHE
- Disposal
- DISPOSED OFF
- Bench
- ABHAY MANTRI
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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