Bombay High Court
Vidya Bhushan SavaleversusBhushan pradip Savale
- Disposal
- Dismissed
Holding
The application was dismissed for non‑prosecution, and the earlier interim order was vacated.
Summary
The applicant, Vidya Bhushan Savale, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure seeking transfer of a pending Hindu marriage (divorce) petition from Gadhinglaj to Pune, along with a stay of further proceedings and interim relief. She argued that her employment as a faculty member in Pune and the schooling of her minor daughter there made the distance of 293 kilometres from Gadhinglaj inconvenient, and that the husband had been granted visitation rights at Pune. The respondent, represented by a legal‑aid advocate, contended that the application was filed to harass him, highlighted his unemployment, and pointed out the applicant’s non‑appearance, indicating lack of prosecution. The court noted the applicant’s failure to appear despite being given an opportunity and held that the application was abandoned. Consequently, the court dismissed the application for non‑prosecution, vacated the earlier interim order, and ordered payment of legal‑aid fees to the respondent’s counsel.
Issues considered
- Whether the Miscellaneous Civil Application for transfer of the divorce petition and stay of proceedings should be entertained despite the applicant’s non‑appearance.
Legislation cited
- Code of Civil Procedure, 1908 — s. 24
Subjects
- transfer of suit
- family court
- interim relief
- non‑prosecution
- legal aid
- visitation rights
- divorce
- civil procedure
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
MISC.CIVIL APPLICATION NO. 18 OF 2026
Vidya Bhushan Savale …...Applicant
VERSUS
Bhushan Pradip Savale …...Respondent
_________________________________________________________________
None for Applicant.
Mr. Mohansingh Rajput, appointed Advocate for Respondent (Through
Legal Aid).
_________________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 10th SEPTEMBER, 2026.
P.C.
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.10
1. Heard Mr. Mohansingh Rajput, learned Advocate for the
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Respondent.
2. By the present Application filed under Section 24 of the Code of
Civil Procedure, 1908, the Applicant has sought the following substantial
relief:
“A) This Misc. Civil Application may kindly be allowed.
B) By allowing this Misc. Civil Application, the Hindu Marriage
Petition No.51/2023 pending before the learned Civil Judge
Senior Division at Gadhinglaj, Dist. Kolhapur may kindly be
directed to be transferred to the learned Civil Judge Senior
Division, Pune or Family Court at Pune.
Shantanu S. Dhudum
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C) Pending hearing and final disposal of the present Misc. Civil
Application further proceedings of Hindu Marriage Petition
No.51/2023 pending before the learned Civil Judge Senior
Division at Gadhinglaj, Dist. Kolhapur may kindly be
stayed.
D) Ad-interim relief in terms of prayer clause ‘C’ above may
kindly be granted.
E) Any other suitable relief to which the applicant is entitle in
the interest of justice may kindly be granted.”
3. On 4th March, 2026, this Court had issued notice to the
Respondent for final disposal and granted ad-interim relief in favour of the
Applicant.
4. On 4th March, 2026, the following order was passed:
“1. Heard learned counsel for the Applicant. The Applicant
is wife and Respondent is husband. Wife is seeking
transfer of divorce petition filed by the husband at
Gadhinglaj, Dist. Kolhapur to Family Court, Pune.
2. Learned counsel for the Applicant/Wife submits that she
is working as a faculty member in Vishwakarma
University at Pune and their minor daughter is taking
education at Pune. He submits that apart from divorce
proceeding, the Respondent-Husband had asked for
access to the minor daughter, which is granted at Pune.
He submits that the distance between Pune and
Gadhinglaj is about 293 kilometers and it is not
convenient for the Applicant-Wife, who is working and
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taking care of minor daughter, to travel Gadhinglaj and
therefore, transfer is necessary.
3. Perused the record.
4. Issue notice for final disposal to the Respondent,
returnable on 25.03.2026. In addition to Court notice,
private notice is permitted.
5. Till the Respondent appears and files Vakalatanama, by
way of ad-interim relief, further proceedings of Hindu
Marriage Petition No.51/2023 pending before the
learned Civil Judge Senior Division at Gadhinglaj, Dist.
Kolhapur is stayed.”
5. Today, the matter is listed at Sr. No.14 on the Daily Cause List.
When the matter was called out, the name of the Applicant was called out
by the Court Sheristedar. Neither the Applicant nor the Advocate for the
Applicant were present, either physically or through V.C. mode.
6. Mr. Mohansingh Rajput, learned Advocate for the Respondent,
refers to Exhibit “A” (page 17) of the paper-book to submit that the
Applicant is an employee of Vishwakarma University. He submits that the
Respondent, who is present in-person before the Court, has been
unemployed since September, 2019. He further submits that the present
Application has been filed by the Applicant to cause harassment to the
Respondent.
7. He further submits that, despite the order dated 26th April,
2024, granting visitation rights to the Respondent, the Applicant has
Shantanu S. Dhudum
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breached the said order with impunity and has consistently denied the
Respondent visitation rights. He, therefore, insists upon dismissal of the
present Application.
8. On 4th September, 2026, the Applicant was granted an
opportunity to appear and was cautioned by listing this Application under
the caption “For Dismissal”. Apparently, the Applicant is not interested in
prosecuting the present proceedings, as is evident from the absence of the
Applicant and the Advocate for the Applicant.
9. In view above, the Application is dismissed for non-prosecution.
10. The ad-interim order granted by this Court vide order dated 4th
March, 2026, stands vacated forthwith.
11. Mr. Mohansingh Rajput was appointed as an Advocate to
represent the Respondent under the Legal Aid Scheme.
12. The High Court Legal Services Committee, Mumbai, Circuit
Bench at Kolhapur, shall quantify and pay the legal fees payable under the
Legal Aid Scheme to Advocate Mr. Mohansingh Rajput, who has appeared
and represented the Respondent in the present Application.
13. Miscellaneous Civil Application No.18 of 2026 is disposed of.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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