Bombay High Court
Nikita Kiran LakareversusKiran Ramdas Lakare
- Disposal
- Rejected at Admission stage
Holding
The transfer of Hindu Marriage Petition No.174/2025 from Kopargaon to Paithan is not ordered.
Summary
The wife filed an application under Section 24 of the Code of Civil Procedure seeking to transfer a Hindu Marriage Petition from the Civil Judge Senior Division, Kopargaon, to the Civil Judge Senior Division, Paithan, alleging a 150 km distance, lack of accompaniment, and insufficient funds. She also initiated proceedings under the Protection of Women from Domestic Violence Act before the Judicial Magistrate at Paithan. The court observed that both towns are sizable with good road connectivity, the husband is a driver and would lose wages if he had to travel, and any financial hardship to the wife could be compensated. It held that the filing of the domestic violence case is not a relevant factor for transferring the divorce petition. Consequently, the transfer application was rejected, but the husband was directed to pay Rs 1,000 to the wife for travel expenses when she appears in Kopargaon, and the court may allow her to appear via video conferencing.
Issues considered
- Whether the Hindu Marriage Petition should be transferred from Kopargaon to Paithan under Section 24 CPC on the ground of distance and financial hardship.
- Whether the pending proceeding under the Protection of Women from Domestic Violence Act is a relevant consideration for transfer.
Legislation cited
Subjects
- Section 24 CPC
- transfer of suit
- Hindu Marriage Petition
- domestic violence
- financial hardship
- video conferencing
Judgment
2026:BHC-AUG:39512
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
906 MISCELLANEOUS CIVIL APPLICATION NO. 190 OF 2026
NIKITA KIRAN LAKARE
VERSUS
KIRAN RAMDAS LAKARE
...
Ms. Pooja H. Tayde, Advocate for applicant
Mr. A.A. Pawar, Advocate for sole respondent
...
CORAM : ROHIT W. JOSHI, J.
DATE : 28th AUGUST, 2026
ORDER :
. Present application is filed under Section 24 of the Code of Civil
Procedure, 1908 seeking transfer of Hindu Marriage Petition No.174/2025
from the Court of learned Civil Judge Senior Division, Kopargaon, Dist.
Ahilyanagar to Court of learned Civil Judge Senior Division, Paithan, Dist.
Chhatrapati Sambhajinagar. The applicant wife has contended in the
application that distance between two places is around 150 k.ms. and that
there is nobody to accompany her for travel from Paithan to Kopargaon and
also for want of adequate funds it will be difficult for her to attend the Court
case filed at Kopargaon. It is also stated that after filing of said petition the
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applicant wife has filed a proceedings under the Protection of Women from
Domestic Violence Act i.e. PWDVA No.17/2026 before the Court of learned
Judicial Magistrate First Class at Paithan.
2 Kopargaon and Paithan are reasonably big towns. Road
connectivity between two towns is reasonably good. The respondent
husband, as per the claim of applicant wife, is working as Driver. According
to applicant wife, she is unemployed. In the event the transfer application is
allowed, the husband will have to attend the Court case at Paithan, which
will result in loss of wages for that particular date. As against this, the wife
will not suffer any monetary loss if she has to attend the Court case at
Kopargaon. As regards the financial hardship the same can be adjusted by
directing the husband to pay appropriate amount to applicant wife for
travelling and other expenses. The proceedings under PWDV Act is filed
shortly after filing the divorce petition by the husband. Filing of domestic
violence proceedings by the wife therefore cannot be relevant circumstance
for ordering the transfer of the divorce petition filed by the husband. In view
of the reasons recorded above, this Court sees no reason to order transfer of
Hindu Marriage Petition No.174/2025 from Kopargaon to Paithan as prayed.
Application is therefore, rejected.
3 It is, however, directed that on such dates when the applicant
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wife attend the proceedings in Hindu Marriage Petition No.174/2025 before
learned Civil Judge Senior Division, Kopargaon, the non applicant husband
will pay an amount of Rs.1,000/- (Rupees One Thousand only) to her
towards travelling and other expenses.
4 Learned Civil Judge Senior Division, Kopargaon is also requested
to permit the wife 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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