Bombay High Court
ANMIKA ALIAS USHA PINKESH PATNIversusPINKESH ABHAYAKUMAR PATNI
- Disposal
- APPLICATION ALLOWED
- Bench
- Y G KHOBRAGADE
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
- Code of Civil Procedure, 1908 — s. 24
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
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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."
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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
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