NEHA WO ANIL PAWAR @ NEHA DO LOBHA RATHODversusANIL SO RAMAJI PAWAR

                                                                  906-MCA-164-2024.doc




           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                   CIVIL APPELLATE JURISDICTION
          MISCELLANEOUS CIVIL APPLICATION NO. 164 OF 2024

Neha Wo Anil Pawar @ Neha Do Lobha Rathod                        ...Applicant
         Versus
Anil So Ramaji Pawar                                             ...Respondent
                                ----
Mr. Sachin Hande (through VC) a/w Vishal Hande, for the Applicant.
Mr Vishwajit Nalawade i/b Sachinkumar Rajepandhare, for the
Respondent.
                                -------

                                    CORAM :        ASHWIN D. BHOBE, J.
                                     DATE :        28th August, 2026.
P.C. :


1.       Heard, Mr. Sachin Hande, learned Advocate for the Applicant and

Mr. Vishwajit Nalawade, learned Advocate for the Respondent.



2.       By the present Application filed under Section 24 of the Code of

Civil Procedure, 1908, the Applicant (wife) has sought the following

substantive relief as prayed for in clause (B):-



            B.             This Hon’ble High Court may pleased to transfer
            the Petition A-209 of 2023 pending before the Learned Family
            Court, Solapur filed by the Respondent husband under section 9
            of the Hindu Marriage Act to the Family Court at Pune.


3.       Mr. Sachin Hande, learned Advocate for the Applicant, states that

the Applicant (wife) resides in Pune due to her employment. He further
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states that the Applicant took up the job for her livelihood. He further

states that the Applicant has requested a transfer due to the

inconvenience of travelling to Solapur to attend and pursue Marriage

Petition A-209 of 2023, filed by the Respondent, as the distance

between Pune and Solapur is approximately 300 Kms. He submits that

travelling to Solapur will affect the Applicant's job. He further states

that the Applicant has filed proceedings under the Protection of Women

from Domestic Violence Act, 2005, which are pending in Pune, wherein

the Respondent and his family members are party Respondents. He

therefore requests the transfer of the Marriage Petition A-209 of 2023

from Family Court, Solapur to Family Court, Pune.



4.      Mr. Vishwajit Nalawade, learned Advocate for the Respondent,

states that the Respondent's parents are senior citizens and reside with

the Respondent in Solapur, making it inconvenient for the Respondent

and his parents to attend the DVA proceedings filed by the Applicant in

Pune. He submits that the Applicant should appear before the Family

Court at Solapur.



5.      Perused the records with the assistance of the learned Advocates.



6.      Respondent's family members are not parties to Marriage Petition


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A-209 of 2023. The proceedings filed by the Applicant under the

Protection of Women from Domestic Violence Act, 2005, in which the

Respondent and his family members are parties, are pending before the

Judicial Magistrate First Class at Pune.



7.      In the case of N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha1 in

paragraph No. 9, it has been observed as under:-


            “9.          The cardinal principle for exercise of power under
            Section 24 of the Code of Civil Procedure is that the ends of
            justice should demand the transfer of the suit, appeal or other
            proceeding. In matrimonial matters, wherever Courts are called
            upon to consider the plea of transfer, the Courts have to take
            into consideration the economic soundness of both the parties,
            the social strata of the spouses and their behavioural pattern,
            their standard of life prior to the marriage and subsequent
            thereto and the circumstances of both the parties in eking out
            their livelihood and under whose protective umbrella they are
            seeking their sustenance to life. Given the prevailing socio-
            economic paradigm in the Indian society, generally, it is the
            wife’s convenience which must be looked at while considering
            transfer.


8.      Considering the statements made by the Applicant in this

Application and the submission of Mr. Sachin Hande, learned Advocate

for the Applicant, the inconvenience caused to the Applicant would be

greater than any inconvenience that may be caused to the Respondent.

Accordingly, this Application is allowed in terms of prayer clause (B).

Consequently, Marriage Petition No. A-209 of 2023 is withdrawn from

the Family Court, Solapur and transferred to the Family Court, Pune.


1    2022 SCC OnLine SC 1199
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               9.      The Principal District Judge, Pune, is requested to assign

               Marriage Petition A-209 of 2023 to the Family Court at Pune.



               10.     Applicant shall produce this order before the Principal District

               Judge, Pune.



               11.     Miscellaneous Civil Application No. 164 of 2024 is disposed of.



                                                               (ASHWIN D. BHOBE, J.)




        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.09.01
        11:13:07
        +0530




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