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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

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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