Bombay High Court

Priyanka Sachin KadamversusSachin Mariappa Kadam

Disposal: Allowed

Holding

The court held that the petition need not be transferred and instead ordered the respondent to pay the applicant's travel expenses of Rs. 1,500 per hearing.

Summary

The applicant, Priyanka Sachin Kadam, filed a miscellaneous civil application seeking transfer of Hindu Marriage Petition No. 403 of 2025 from the Civil Judge, Senior Division, Karad to the Family Court at Pune, alleging she could not afford travel expenses. The respondent, Sachin Mariappa Kadam, offered to bear the applicant's travel costs of Rs. 1,500 per hearing instead of agreeing to a transfer. Both parties' counsel presented the proposal, and the court considered whether financial difficulty justified a change of venue. The court declined to order a transfer, finding the respondent's willingness to pay sufficient to remove the hardship. Accordingly, the application was allowed, directing the respondent to deposit Rs. 1,500 for each hearing in which the applicant must appear in Karad, with the payment to be made in the court where the marriage petition is pending. The application was thereafter disposed.

Issues considered

Whether a Hindu marriage petition may be transferred to another court on the ground of the applicant's financial inability to travel
Whether the respondent can be directed to pay the applicant's travel expenses in lieu of a transfer

Subjects

transfer of suit
Hindu Marriage Act
travel expenses
civil procedure
miscellaneous civil application
cost of litigation
jurisdiction

Judgment

                                                                            914 - MCA - 16 - 2026.docx


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
RAMESH                                   CIVIL APPELLATE JURISDICTION
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.04
20:55:54 +0530




                               MISCELLANEOUS CIVIL APPLICATION NO. 16 OF 2026

                      Priyanka Sachin Kadam                           … Applicant
                                  V/s.
                      Sachin Mariappa Kadam                           … Respondent

                      Mr. Niranjan D. Tiwari for the Applicant.
                      Mr. Ganesh Jadhav for the Respondent.



                                                    CORAM         : ASHWIN D. BHOBE, J.

                                                    DATED         : SEPTEMBER 4, 2026
                      P.C.:


                      1.      Heard Mr. Niranjan D. Tiwari, learned Advocate for the Applicant,

                      and Mr. Ganesh Jadhav, learned Advocate for the Respondent.


                      2.      By this Application, the Applicant-wife is seeking transfer of

                      Hindu Marriage Petition No. 403 of 2025 filed by the Respondent before

                      the Civil Judge, Senior Division, Karad, to the Family Court at Pune.


                      3.      Mr. Niranjan D. Tiwari, learned Advocate for the Applicant,

                      submits that the sole ground on which the request for transfer is made

                      is that the Applicant is unable to meet the expenses of travelling from

                      Pune to Karad as and when the Applicant is required to appear in

                      person in Hindu Marriage Petition No. 403 of 2025 before the Civil

                      Judge, Senior Division, Karad.



                      VRJ                                                                           1
                                                       914 - MCA - 16 - 2026.docx


4.       Mr. Ganesh Jadhav, learned Advocate for the Respondent, submits

that, as the Applicant has put forth the financial difficulty in seeking

transfer of the Petition, the Respondent is willing to bear the travelling

expenses of the Applicant on the dates when the Applicant is required

to appear in person before the Civil Judge, Senior Division, Karad.


5.       The suggestion made by Mr. Ganesh Jadhav, learned Advocate for

the Respondent, is accepted by Mr. Niranjan D. Tiwari, learned

Advocate for the Applicant, on instructions from the Applicant. He

submits that the Respondent be directed to pay an amount of Rs.

1,500/- towards travelling expenses to the Applicant as and when the

Applicant is required to appear in person before the Civil Judge, Senior

Division, Karad.


6.       Mr. Ganesh Jadhav, learned Advocate for the Respondent, agrees

to pay the amount of Rs. 1,500/- for each hearing towards the travelling

expenses.


7.       In view of the above, this Application is allowed on the following

terms:


      (a) The Respondent shall pay an amount of Rs. 1,500/- to the

      Applicant on each date of hearing on which the Applicant is

      required to appear in person before the Civil Judge, Senior

      Division, Karad, in Hindu Marriage Petition No. 403 of 2025.




VRJ                                                                            2
                                                       914 - MCA - 16 - 2026.docx


      (b) The said amount of Rs. 1,500/- shall be deposited by the

      Respondent in the Court where Hindu Marriage Petition No. 403

      of 2025 is pending, on the date on which the Applicant is

      required to appear in person in the Hindu Marriage Petition No.

      403 of 2025.


8.    Mr. Ganesh Jadhav, learned Advocate for the Respondent, states

that this concession of making payment towards the travelling expenses

of the Applicant is made as the Applicant is presently not residing in

Karad and is residing in Pune. He submits that, in the event the

Applicant shifts to Karad, the payment of the travelling expenses be

dispensed with.    Mr. Niranjan D. Tiwari, learned Advocate for the

Applicant, on instructions, states that if the Applicant returns to Karad,

she will not claim the travelling expenses.


9.    Miscellaneous Civil Application No. 16 of 2026 stands disposed

of.




                                              (ASHWIN D. BHOBE, J.)




VRJ                                                                            3

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