Sunita Ravindra ShindeversusRavindra Hanumant Shinde

2026:BHC-AS:40910

                                                               43-MCA-191-2026.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION
                       MISC.CIVIL APPLICATION NO. 191 OF 2026
   Swapnil
               Sunita Ravindra Shinde.                         …Applicant
                    Vs.
               Ravindra Hanumant Shinde.                       …Respondent


               Mr. Parth Talekar a/w. Mr. Vijay Birajdar for the applicant.

                                       CORAM : GAURI GODSE, J.

                                       DATE :       7th OCTOBER 2026

               ORDER :


               1.    This application is filed under Section 24 of the Civil

               Procedure Code, 1908 by the wife seeking transfer of the

               petition for Restitution of the Conjugal Rights filed by the

               husband.


               2.    The applicant is residing at Panvel along with her two

               minor children and she is dependent on her brother. The

               respondent / husband has filed the petition for restitution of

               conjugal rights in the court at Pimpri-Chinchwad, Pune.


               3.    Notice is issued in this miscellaneous civil application

               which is served upon the respondent. Although, an

               appearance is filed through advocate, none appears for the


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respondent today. As a last chance to the respondent the

application was adjourned on 11th September 2026. However,

even today none appears for the respondent.


4.    Learned counsel for the applicant submits that the

applicant has no source of income and she is supported by

her brother. He submits that the two minor children who are 7

years and 3½ and half years of age respectively, are residing

with her at Panvel. He submits that the distance between

Panvel and Pimpri-Chinchwad is around 90 KM, and it takes

approximately more than 3 hours to travel. He, therefore,

submits that it is difficult for the applicant to travel along with

her two minor children. He submits that applicant has no

source of income. Hence, it would not be possible for her to

travel from Panvel to Pimpri-Chinchwad. He, therefore,

submits that it would not only be inconvenient, but also

hardship would be caused to the applicant, if she is made to

travel from Panvel to Pimpri-Chinchwad. He, therefore, seeks

transfer of the petition from the court at Pimpri-Chinchwad,

Pune to the Civil Court at Panvel.


5.    I have perused the grounds raised in the application.

The oral submissions made on behalf of the applicant are


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supported by the averments in the application. The

respondent has not filed any reply, opposing the grounds for

transfer. Considering the financial constraints of the applicant

and the distance between the two places, it would be

inconvenient for the applicant to travel to Pimpri-Chinchwad,

Pune. Both the minor children are residing with the applicant

and she is at the mercy of her brother. Hence, the applicant

has made out a case to transfer the petition filed for

restitution of conjugal rights, on the ground of inconvenience

and the hardship.


6.    For the reasons stated in the application, it is allowed in

terms of prayer clause ‘a’ which reads as under :


“a. This Hon’ble Court be pleased to transfer proceedings

Marriage Petition No. 1223 of 2026 filed and pending in the

file of Ld. Civil Court Senior Division, Pimpri-Chinchwad to be

heard and tried at Ld. Civil Court Senior Division, Panvel. ”




                                           [GAURI GODSE, J.]




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