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.
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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/-.
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