Created by Fuzzy Cloud

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

Subjects

  • transfer of suit
  • family court
  • interim relief
  • non‑prosecution
  • legal aid
  • visitation rights
  • divorce
  • civil procedure

Judgment

                                                                   1/4
                                                                                      14-MCA-18-2026 (C).DOC


                                           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
          20:32:01
          +0530




                            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
                                                 2/4
                                                                       14-MCA-18-2026 (C).DOC


               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

Shantanu S. Dhudum
                                                3/4
                                                                  14-MCA-18-2026 (C).DOC


                        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
                                               4/4
                                                                  14-MCA-18-2026 (C).DOC


         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


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.