Bombay High Court
Sau Lata Wo Rajvardhan UjgareversusRajvardhan So Arjun Ujgare
- Disposal
- APPLICATION ALLOWED
Holding
Both petitions are transferred from the Family Court, Beed to the respective courts at Pimpri Chinchwad.
Summary
The wife, residing in Pimpri Chinchwad, filed applications under Section 24 of the Code of Civil Procedure seeking transfer of a marriage petition (No. A‑51/2026) and a child‑custody petition (No. D‑4/2025) from the Family Court at Beed to courts in Pimpri Chinchwad. The husband opposed the transfer, alleging threats from the wife’s in‑laws and citing his father’s ill health as reasons to remain in Beed. The court found no material evidence of any police complaint or threat and held that the father’s illness did not require the husband’s constant presence. Considering the 260 km distance and the fact that the child’s custody was already with the wife, the court deemed it inconvenient for the wife to travel to Beed. Consequently, both petitions were ordered transferred to the appropriate courts in Pimpri Chinchwad, with permission for the husband to appear via video‑conferencing.
Issues considered
- Whether the marriage petition and child‑custody petition should be transferred from Beed to Pimpri Chinchwad under Section 24 CPC considering convenience, safety, and other factors.
Legislation cited
- Code of Civil Procedure, 1908 — s. 24
Subjects
- transfer of venue
- family law
- marriage petition
- child custody
- Section 24 CPC
- video conferencing
- convenience
- threat
- domestic violence
Judgment
2026:BHC-AUG:39422
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
924 MISCELLANEOUS CIVIL APPLICATION NO. 183 OF 2026
SAU LATA W/O RAJVARDHAN UJGARE
VERSUS
RAJVARDHAN ARJUN UJGARE
...
Ms. Monika V. Boldhane, Advocate h/f Mr. H.V. Tungar, Advocate for applicant
Mr. M.M. Parghane, Advocate for sole respondent
...
AND
925 MISC.CIVIL APPLICATION NO. 184 OF 2026
SAU LATA W/O RAJVARDHAN UJGARE
VERSUS
RAJVARDHAN ARJUN UJGARE
...
Ms. Monika V. Boldhane, Advocate h/f Mr. H.V. Tungar, Advocate for applicant
Mr. M.M. Parghane, Advocate for sole respondent
...
CORAM : ROHIT W. JOSHI, J.
DATE : 28th AUGUST, 2026
ORDER :
. These applications are filed under Section 24 of the Code of Civil
Procedure, 1908 seeking transfer of marriage petition bearing No.A-51/2026
and child custody petition bearing No.D-4/2025 from Beed to Pimpri
Chinchwad. Both these proceedings are filed by non applicant husband
2 924_MCA_183_2026+1
before Family Court at Beed. The applicant wife is residing at Pimpri
Chinchwad. Custody of 3½ years old child is with applicant wife. Distance
between Beed and Pimpri Chinchwad is around 260 k.ms. The applicant wife
has no source of income.
2 Transfer of both proceedings is sought on the aforesaid grounds.
3 Learned Advocate for respondent husband opposes the transfer
applications stating that his in-laws had threatened him and, therefore, he is
afraid that attending proceedings before the Court at Pimpri Chinchwad may
lead to act of violence against him. Apart from this, it is contended that
father of husband has suffered brain hemorrhage in the past and is suffering
due to paralysis.
4 As regards first contention that in-laws of applicant wife had
threatened him and, therefore, the apprehension for attending the Court
proceedings at Pimpri Chinchwad is resulting the respondent husband is
subjected to violence, the said contention cannot be accepted. There is no
material on record either in the form of a police complaint or otherwise to
accept before contentions.
5 As regards ailment of the father, admittedly the non applicant
husband is an Electrical Contractor and does not stay at home throughout the
3 924_MCA_183_2026+1
day for taking care of his father.
6 As against this, it appears that it will be very inconvenient for the
wife to attend the proceedings at Beed having regard to distance between
Pimpri Chinchwad and Beed and more importantly having regard to the fact
that custody of minor child is with applicant wife. In view of the above, both
transfer petitions are allowed in the following terms.
i) Petition No.A-51/2026 is ordered to be transferred from the
learned Family Court, Beed to the Court of learned Civil Judge Senior
Division, Pimpri Chinchwad, Dist. Pune.
ii) Petition No.D-4/2025 is ordered to be transferred from Family
Court, Beed to the Court of learned Additional District Judge at
Pimpri Chinchwad, Dist. Pune.
iii) Learned Civil Judge Senior Division, Pimpri Chinchwad, Dist.
Pune and learned Additional District Judge, Pimpri Chinchwad, Dist.
Pune are 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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