Created by Fuzzy Cloud

Bombay High Court

ANMIKA ALIAS USHA PINKESH PATNIversusPINKESH ABHAYAKUMAR PATNI

Disposal
APPLICATION ALLOWED

Holding

The petition is to be transferred to the Civil Judge, Senior Division, Kopargaon as the wife’s convenience warrants the transfer.

Summary

The wife, Anmika Patni, filed a transfer application under Section 24 of the Civil Procedure Code seeking to move Hindu Marriage Petition No. 82 of 2025, filed in Sillod, to the court in Kopargaon where she resides with her minor child. The marriage had broken down due to alleged cruelty by the husband, leading to the husband filing for divorce. The wife argued that the 150 km distance made it inconvenient for her, a housewife, to attend proceedings in Sillod. The court referred to the Supreme Court’s decision in N.C.V. Aishwarya v. A.S. Saravana Karthik, which emphasizes that the wife’s convenience is a paramount consideration in transfer applications involving matrimonial matters. Applying this principle, the court held that the ends of justice demanded the transfer. Consequently, the application was allowed and the petition was transferred to the Kopargaon court for disposal.

Issues considered

  • Whether a matrimonial proceeding pending in one civil court should be transferred to another court under Section 24 of the CPC on the ground of the wife’s convenience.

Legislation cited

Subjects

  • transfer of suit
  • Section 24 CPC
  • wife's convenience
  • matrimonial proceedings
  • Hindu Marriage Petition
  • divorce
  • cruelty

Judgment

2026:BHC-AUG:12407
                                                                         932mca20-26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                       932 MISC.CIVIL APPLICATION NO. 20 OF 2026

                               Anmika Alias Usha Pinkesh Patni
                                           VERSUS
                                  Pinkesh Abhayakumar Patni
                                               ...
            Mr. Anuj Ajay Fulfagar, Advocate for Applicant
            Mr. Rautray Mahesh Tatyarao, Advocate for Non-applicant

                                 CORAM      : Y. G. KHOBRAGADE, J.
                                Dated       : 18th March, 2026

            PER COURT :-

            1.       Heard learned counsel appearing for the applicant and learned

            counsel appearing for the non applicant at length.


            2.       By the present application under section 24 of the Civil

            Procedure Code, the applicant     wife is seeking    transfer of   Hindu

            Marriage Petition No. 82 of 2025 pending on the file of learned Civil

            Judge, Senior Division, Sillod, District Aurangabad to the court of

            learned Civil Judge, Senior Division, Kopargaon, District Ahmednagar.


            3.       Admittedly, the marriage between the applicant and the non-

            applicant was solemnized on 12.02.2024 as per the customs and rites

            prevailing in their society. After the marriage, the applicant cohabited

            with the non-applicant. Out out the wedlock, the applicant and non

            applicant are blessed with a female child, now aged about one and half

            years.   However, subsequently, the non-applicant subjected the

            applicant to ill-treatment and cruelty on various grounds, leading to


                                                                                1 of 3
                                                           932mca20-26


marital discord between them. Consequently, she started residing with

her parents at    Kopargaon.     Thereafter, the non-applicant filed

proceedings bearing Hindu Marriage Petition No. 82 of 2025 pending

on the file of learned Civil Judge, Senior Division, Sillod, District

Aurangabad seeking a decree of divorce.


4.      The learned counsel for the applicant canvassed that the

applicant is a housewife and residing with her parents at Kopargaon

Dist. Ahmednagar alongwith her minor child. The distance between

Kopargaon and Sillod is about 150 kilometers. Therefore, it will be

inconvenient for the applicant to travel with a minor child and bear

the travelling expenses.

5.      In the case of N.C.V. Aishwarya Vs. A. S. Saravana Karthik

Sha (Civil Appeal No.4894/2022) decided by the Hon’ble Supreme

Court on 18.07.2022, in paragraph No.9, it is held that:


     “9. The cardinal principle for exercise of power under
     section 24 of the Code of Civil Procedure is that the ends of
     justice should demand the transfer of the suit, appeal or other
     proceeding. In matrimonial matters, wherever Courts are
     called upon to consider the plea of transfer, the Courts have to
     take into consideration the economic soundness of both the
     parties, the social strata of the spouses and their behavioural
     pattern, their standard of life prior to the marriage and
     subsequent thereto and the circumstances of both the parties in
     eking out their livelihood and under whose protective umbrella
     they are seeking their sustenance to life. Given the prevailing
     socio-economic paradigm in the Indian society, generally, it is
     the wife's convenience which must be looked at while
     considering transfer."



                                                                 2 of 3
                                                                         932mca20-26


           10.          It is well settled that, while transferring any matrimonial

           proceeding from one Court to another, the convenience of the

           wife/female is required to be taken into consideration.        Therefore,

           considering the law laid down by the Hon'ble Supreme Court in the

           above cited case, it is necessary to withdraw Hindu Marriage Petition

           No. 82 of 2025 pending on the file of learned Civil Judge, Senior

           Division, Sillod, District Aurangabad and transfer the same to the

           learned Civil Judge, Senior Division, Kopargaon, District Ahmednagar

           for disposal in accordance with law.

           11.    In view of the above discussions, following order is passed:
                                           ORDER

            (1)     Misc. Civil application is allowed.

            (2)    Hindu Marriage Petition No. 82 of 2025 pending on the file of
                   learned Civil Judge, Senior Division, Sillod, District Aurangabad
                   is hereby transferred to court of learned Civil Judge, Senior
                   Division, Kopargaon, District Ahmednagar for disposal in
                   accordance with law.

            (3)    The order be communicated to the concerned courts.




                                                          ( Y. G. KHOBRAGADE, J. )
JPChavan




                                                                                 3 of 3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.