Bombay High Court

Kalpana Bhaskar Auralkar alias Kalpana Madhavrao GaikwadversusBhaskar Dnyanoba Auralkar

Disposal: DISPOSED OFF

Holding

The transfer application was allowed, and the petition was ordered to be transferred to the Aurangabad Family Court.

Summary

The wife, Kalpana Bhaskar Auralkar, filed an application seeking the transfer of Family Court Petition A No.108 of 2026 from the Nanded Family Court to the Aurangabad Family Court, citing the 260 km distance between the courts and the residence of her younger child, who is eight years old, with her at Nanded. The husband, Bhaskar Dnyanoba Auralkar, was served but did not appear to oppose the transfer. The court considered the child's welfare and the respondent's non‑appearance. It found that the younger child's residence with the applicant and the lack of opposition justified the transfer. Consequently, the court allowed the application and ordered the petition to be transferred to the Aurangabad Family Court.

Issues considered

Whether a family court petition may be transferred from one family court to another on the ground of distance and the residence of a minor child with the applicant, in the absence of opposition from the respondent

Subjects

transfer of petition
family court jurisdiction
child welfare
non‑appearance
distance

Judgment

2026:BHC-AUG:42679

1 933-mca-194-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
MISC.CIVIL APPLICATION NO. 194 OF 2026
Kalpana Bhaskar Auralkar Alias Kalpana Madhavrao Gaikwad
VERSUS
Bhaskar Dnyanoba Auralkar
...
Advocate for Applicant : Mr. Menezes Joslyn Anthony
...
CORAM : ROHIT W. JOSHI, J.
DATED : SEPTEMBER 11, 2026
P.C.:

1. Office note dated 10.08.2026 indicates that the

respondent/husband is served. He has not entered appearance to

oppose the transfer application. The applicant/wife has filed the

present application seeking transfer of Petition A No.108 of 2026 from

the file of learned Family Court at Nanded to learned Family Court at

Aurangabad. The distance between Nanded to Aurangabad is 260 kms.

Both children of the parties are around 16 and 8 years respectively

residing with the applicant/wife at Nanded.

2. Having regard to the fact that younger child is only 8 years

old residing with the applicant at Nanded, as also the fact that the

respondent/husband has not entered appearance and opposed the

application, the application is allowed.

3. Petition A No.108 of 2026 is ordered to be transferred from

the file of learned Family Court Nanded to Family Court at Aurangabad.

[ROHIT W. JOSHI J.]
Mujaheed//

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