Bombay High Court

PRANITA SANDIP GAWALIversusSANDIP RAMKISAN GAWALI

Disposal: APPLICATION ALLOWED

Holding

The transfer petition is allowed, and the marriage petition is ordered to be transferred to the Family Court, Chhatrapati Sambhajinagar.

Summary

The applicant, Pranita Sandip Gawali, filed an application under Section 24 of the Code of Civil Procedure seeking transfer of Hindu Marriage Petition No.11/2026 from the Civil Judge Senior Division, Buldhana to the Family Court at Chhatrapati Sambhajinagar. The child of the parties, a four‑year‑old, resides with the mother in Chhatrapati Sambhajinagar, while the husband, a government servant, lives in Isoli, Buldhana, about 135 km away. The husband opposed the transfer, citing his duties in Special Intensive Revision of electoral rolls and caregiving responsibilities for elderly relatives. The Court considered the inconvenience to the wife and child in traveling to Buldhana, the temporary nature of the husband’s work, and the need for the child’s welfare. It held that the transfer would better serve the parties’ convenience and the child’s interests, and ordered the petition transferred, directing the Family Court to allow the husband to appear via video conferencing where appropriate.

Issues considered

Whether the Hindu Marriage Petition should be transferred from Buldhana to Chhatrapati Sambhajinagar under Section 24 CPC considering the convenience of the parties and the welfare of the minor child.

Legislation cited

Code of Civil Procedure, 1908 — s. 24

Subjects

transfer of suit
Section 24 CPC
family law
Hindu marriage
convenience of parties
child welfare
video conferencing

Judgment

2026:BHC-AUG:39513


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD


                     923 MISCELLANEOUS CIVIL APPLICATION NO.182 OF 2026


                                    PRANITA SANDIP GAWALI
                                             VERSUS
                                   SANDIP RAMKISAN GAWALI
                                                 ...
                              Mr. N.S. Kadam, Advocate for applicant
                            Mr. K.P. Rodge, Advocate for sole respondent
                                                 ...

                                                CORAM :      ROHIT W. JOSHI, J.

                                                DATE :       28th AUGUST, 2026


            ORDER :



            .           Present application filed under Section 24 of the Code of Civil

            Procedure, 1908 seeks transfer of Hindu Marriage Petition No.11/2026 from

            the Court of learned Civil Judge Senior Division, Buldhana to learned Family

            Court, Chhatrapati Sambhajinagar.          Distance between Buldhana and

            Chhatrapati Sambhajinagar is around 135 k.ms. A four years old child of the

            parties is staying with the wife (mother) at Chhatrapati Sambhajinagar. Non

            applicant husband is a Government servant. The application is opposed on

            the ground that non applicant husband is assigned with work of Special
                                       2                            923_MCA_182_2026



Intensive Revision (SIR) of electoral rolls and that he has to take care of his

ailing grandmother around 90 years old and also mother and paternal aunt.

It is stated that non applicant husband resides at interior village named Isoli,

Tq. Chikhli, Dist. Buldhana, which is 30 k.ms. away from Chikhali town.

From the narration of facts it appears that if the application is allowed, the

husband has to attend the proceedings from Isoli, Tq. Chikhli to Chhatrapati

Sambhajinagar, which is at a distance of 135 k.ms.


2            The work of SIR will be over within a short period. As regards

taking care of old grandmother, mother and paternal aunt, it needs to be

stated that the applicant-wife is also required to take care of minor daughter

of the parties, who is around four years of age. In the considered opinion of

this Court, it will be difficult for the wife (mother) to travel from Chhatrapati

Sambhajinagar to Buldhana for attending the Court proceedings. Apart from

general convenience of the wife this Court is required to consider

inconvenience that the minor daughter may face. It must also be stated that

the contention of the husband that he is personally taking care of the senior

citizens is difficult to accept, he being a Government servant requires to

attend the duty at Buldhana. In view of the above, the transfer petition is

allowed. Hindu Marriage Petition No.11/2026 is ordered to be transferred

from the Court of Civil Judge Senior Division, Buldhana to learned Family
                                    3                         923_MCA_182_2026



Court, Chhatrapati Sambhajinagar.


3           Learned Family Court, Chhatrapati Sambhajinagar is requested

to permit the non applicant husband to appear through Video Conferencing

on such dates and at such stages as may be deemed proper.




                                               ( ROHIT W. JOSHI, J. )




agd

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