AMRUTA AVINASH KAMBLEversusAVINASH BHIMRAO KAMBLE

                                                               905-MCA-18-2024 (C).docx


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIRCUIT BENCH AT KOLHAPUR
                      CIVIL APPELLATE JURISDICTION

                      MISC.CIVIL APPLICATION NO. 18 OF 2024

Amruta Avinash Kamble                                      … Applicant
             Versus
Avinash Bhimrao Kamble                                     … Respondent

                                    ----
Mr. Omkar Koratkar h/f. Mr. Balwant Salunkhe for the Applicant.
                                  -------

                                      Coram :       ASHWIN D. BHOBE, J.

                                      Date      :   28th August 2026.

PER COURT :


1.    Heard Mr. Omkar Koratkar, learned Advocate for the Applicant.


2.    By the present Application, the Applicant seeks the following

substantive relief:-

       “This Hon'ble Court may be pleased to transfer the Petition bearing
       No.A-88 OF 2023 pending before the Ld. Family Court Kolhapur, to the
       Civil Judge, Senior Division, Islampur, Dist. Sangli filed by the
       Respondent.”


3.    On 21st March 2024, the following order was passed :

        “.      Heard learned counsel for the Applicant.

        2.      Service report is awaited.


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       3.    Stand over to 26th April 2024.

       4.    Proceedings before the Trial Court is stayed till next date.”



4.    Mr. Omkar Koratkar, learned Advocate for the Applicant, states that the

notices were issued to the Respondent on three (3) occasions. He further

states that on all three occasions, the Respondent was duly served with the

notice issued by this Court.


5.    The office note dated 10th June 2026 reads thus :

        1)   MCA FILED THROUGH E-FILING AND PHOTOCOPY IS KEPT.
        2)   AS PER COURT'S ORDER DATED 16/04/2026, FRESH NOTICE ISSUED
             TO RESPONDENT, RECEIVED DULY SERVED.
        3)   CONT. STAY WRIT ISSUED TO LOWER COURT.



6.    The name of the Respondent (Avinash Bhimrao Kamble), was called

out by the Sheristedar. Neither the Respondent nor any Advocate appeared

on the Respondent's behalf.


7.    Mr. Omkar Koratkar, learned Advocate for the Applicant, states that the

Applicant (wife) is a homemaker with no source of income. He further states

that even the maintenance ordered to be paid by the Judicial Magistrate First

Class, Islampur, under the provisions of the Protection of Women from

Domestic Violence Act, 2005, is not being complied with by the Applicant. He

submits that it is not only inconvenient but also difficult for the Applicant to




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travel from Islampur to Kolhapur to attend the hearings and/or to meet the

expenses for defending the case in Kolhapur.


8.       The Respondent's absence, despite having been served, indicates a lack

of interest in contesting the Applicant's request for transfer in this

Application. The statements in this Application and the submissions of Mr.

Omkar Koratkar, learned Advocate for the Applicant, remain unrebutted.


9.       In the case of N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha 1, in para

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

          “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.”

10.      In view of the above, this Application is allowed in terms of prayer

clause (a). Consequently, the Matrimonial Petition bearing No.A-88 of 2023

pending before the Family Court at Kolhapur is transferred to the Court of

1     2022 SCC OnLine SC 1199


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                     Civil Judge Senior Division, Islampur, District Sangli.


                     11.      The Principal District Judge, Sangli, is requested to assign Matrimonial

                     Petition No. 88 of 2023 to the Court at Islampur, District Sangli, which has

                     jurisdiction to try marital and family matters.


                     12.      Mr. Omkar Koratkar, learned Advocate for the Applicant, states that

                     this order would be placed before the Principal District Judge, Sangli.


                     13.      Misc. Civil Application No. 18 of 2024 is disposed.



                                                             [ ASHWIN D. BHOBE, J. ]

           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.09.01
           10:47:47
           +0530




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