Bombay High Court

Mrunal Tejas NemadeversusTejas Suresh Nemade

Disposal: APPLICATION ALLOWED

Holding

The suit is to be transferred from the Court of Civil Judge Senior Division, Kalyan to the Court of Civil Judge Senior Division, Amalner.

Summary

The applicant, Mrs. Mrunal Tejas Nemade, filed a miscellaneous civil application seeking the transfer of suit H.M.P. No. 1598 of 2025 from the Civil Judge Senior Division, Kalyan (Thane) to the Civil Judge Senior Division, Amalner (Jalgaon). The respondent, her husband, was duly served but did not appear to oppose the transfer. The court noted that the two courts are about 340 km apart, the child (two years old) is in the mother’s custody, and the applicant’s financial condition is modest. Considering the distance, the child’s welfare, the applicant’s financial constraints, and the respondent’s failure to appear, the court found the transfer application meritorious. Consequently, the suit was ordered to be transferred to Amalner, and the respondent was permitted to appear via video‑conferencing as deemed appropriate.

Issues considered

Whether the application for transfer of suit H.M.P. No. 1598 of 2025 from Kalyan to Amalner should be granted in view of the distance, child custody, financial condition of the applicant, and non‑appearance of the respondent.

Subjects

transfer of suit
jurisdiction
child custody
financial condition
non‑appearance
video conferencing

Judgment

2026:BHC-AUG:45912




                                             1                         14 mca 189.26

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                         MISC. CIVIL APPLICATION NO. 189 OF 2026

                        Mrunal Tejas Nemade                     ..   Applicant

                                Versus

                        Tejas Suresh Nemade                     ..   Respondent

                 Ms. Devyani S. Sonawane, Advocate h/f Ms. Ranjita R. Mahajan,
                 Advocate for the Applicant.
                 The Sole respondent is served.

                                    CORAM : ROHIT W. JOSHI, J.
                                     DATE : 30TH SEPTEMBER, 2026.

                 ORDER :


                 .      Office note dated 13.08.2026 records that the respondent –
                 husband is duly served. On 28th August, 2026 hearing of the
                 application was deferred in order to enable the respondent -
                 husband to contest the transfer application. The respondent –
                 husband though served has not entered appearance to oppose the
                 application.


                 2.     Present application is filed seeking transfer of H.M.P. No.
                 1598 of 2025 from the court of learned Civil Judge Senior
                 Division, Kalyan, Dist. Thane to the court of learned Civil Judge
                 Senior Division, Amalner, Dist. Jalgaon.


                 3.     The distance between two places is around 340 K.M. The
                             2                          14 mca 189.26

child of the parties is two years old and in the custody of mother.
Having regard to the financial condition of the applicant – wife,
coupled with the fact that the husband has not entered
appearance     to   oppose   the   transfer   application,   transfer
application deserves to be allowed.


4.    The H. M. P. No. 1598 of 2025 is ordered to be transferred
from the Court of learned Civil Judge Senior Division, Kalyan,
Dist. Thane to the court of learned Civil Judge Senior Division,
Amalner, Dist. Jalgaon. The miscellaneous civil application is
disposed of.


5.    Learned Civil Judge Senior Division, Amalner, Dist.
Jalgaon is also requested to permit the respondent – husband to
appear through video conferencing on such dates and at such
stages as may be deemed proper.



                                      [ROHIT W. JOSHI, J.]


bsb/Sept. 26

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