Created by Fuzzy Cloud

Bombay High Court

PRATIBHA PRAKASH BHARATversusPRAKASH SHRIDHAR BHARAT

Disposal
APPLICATION ALLOWED

Holding

The court ordered the transfer of HMP No. 323 of 2025 from the Civil Judge, Senior Division, Ahilyanagar to the Family Court, Chhatrapati Sambhajinagar.

Summary

The applicant, Pratibha Prakash Bharat, filed an application seeking transfer of HMP No. 323 of 2025, a divorce petition pending before the Civil Judge, Senior Division at Ahilyanagar, to the Family Court at Chhatrapati Sambhajinagar. The respondent husband, residing in Pune, had not filed a reply and the minor child (about 7 years old) was residing with the mother, who has no independent income. The court considered the convenience of the wife and the child, noting that the husband would have to travel to Ahilyanagar anyway. Accordingly, the court found it expedient to transfer the proceedings to the Family Court. The application was allowed, and the transfer order was issued, with a provision for video‑conferencing appearance if the husband requests it.

Issues considered

  • Whether the divorce petition pending before the Civil Judge, Senior Division at Ahilyanagar should be transferred to the Family Court at Chhatrapati Sambhajinagar on grounds of convenience and welfare of the minor child.

Subjects

  • transfer of suit
  • family court
  • divorce
  • minor child welfare
  • convenience of parties
  • video conferencing

Judgment

2026:BHC-AUG:39371


                     IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                BENCH AT AURANGABAD

                      952 MISC.CIVIL APPLICATION NO. 175 OF 2026

                                    Pratibha Prakash Bharat
                                             VERSUS
                                    Prakash Shridhar Bharat
                                                ...
                Advocate for Applicant : Mr. Vinayak Narwade h/f Mr. Manjushri V.
                                             Narwade
                     Advocate for Respondent : Mr. Kakde Yuvraj Vijayrao
                                                ...

                                 CORAM         : ROHIT W. JOSHI, J.
                                 Dated         : August 29, 2026

           PER COURT :-

           1.     The present application seeks the transfer of HMP No. 323 of

           2025 from the Court of the learned Civil Judge, Senior Division,

           Ahilyanagar to the learned Family Court at Chhatrapati Sambhajinagar.



           2.     The respondent-husband, who is residing at Pune, has filed a

           petition for divorce against the applicant-wife at Ahilyanagar. The

           minor child of the parties, aged around 7 years, is residing with the

           applicant-mother. According to the applicant, she has no independent

           source of income. The respondent-husband has not filed any reply.



           3.     Having   regard   to   the    general       convenience   of   the   wife,

           particularly considering the care of the minor child, and given that the

           respondent-husband would in any event have to travel to Ahilyanagar

           to prosecute the divorce petition, in the considered opinion of this

           Court, it is expedient to transfer the proceedings as prayed for.


                                                Page 1 of 2
                                                            952 MCA 175-2026




4.       The application is accordingly allowed. H.M.P. No. 323 of 2025

pending before the Court of the learned Civil Judge, Senior Division,

Ahilyanagar, is hereby transferred to the learned Family Court at

Chhatrapati Sambhajinagar.



5.       In the event the respondent – husband 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,

Chhatrapati Sambhajinagar.




                                                ( ROHIT W. JOSHI, J. )




vj gawade/-.




                                  Page 2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.