Bombay High Court
Sushma Jeevan Bhandare @ Sushma Ramesh DhekleversusJeevan Janardhan Bhandare
- Disposal
- Allowed
Holding
The court held that the applicant’s hardship and the principle of wife’s convenience justify transfer of the marriage petition to the Civil Court at Islampur.
Summary
The applicant, a homemaker caring for a 1½‑year‑old child, filed a Section 24 CPC application seeking transfer of a marriage petition (No. 679 of 2024) from the Family Court in Belapur, Navi Mumbai to the Civil Court at Islampur, Sangli, citing the 300 km distance and her lack of income. The respondent opposed, arguing the applicant’s presence was not required at every hearing. The court referred to the Supreme Court’s decision in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha 1, emphasizing that in matrimonial matters the wife’s convenience and economic hardship are paramount. Finding the applicant’s hardship substantial and the inconvenience to the respondent minimal, the court allowed the transfer. Consequently, the marriage petition was withdrawn from the Family Court and ordered to be transferred to the Civil Court at Islampur.
Issues considered
- Whether the marriage petition pending before the Family Court should be transferred to the Civil Court at Islampur under Section 24 of the CPC.
- Whether the applicant’s economic hardship and distance constitute sufficient grounds for transfer.
- Whether the respondent’s objection that the applicant’s presence is not required at every hearing defeats the application for transfer.
Legislation cited
- Code of Civil Procedure, 1908 — s. 24
Subjects
- Section 24 CPC
- transfer of suit
- marriage petition
- family court
- civil court
- wife's convenience
- economic hardship
- homemaker
- minor child
Judgment
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24-MCA-20-2026 (C).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
MISC.CIVIL APPLICATION NO. 20 OF 2026
Sushma Jeevan Bhandare @
Sushma Ramesh Dhekle …...Applicant
VERSUS.
Jeevan Janardhan Bhandare …...Respondent
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Ms. Mansi Patil a/w Mr. Rajdeep Shitole i/b Mr. Nikhil Pawar, for the
Applicant.
Mr. Sunil Kamble a/w Mr. Sandesh Kamble h/f Mr. Sachin M. Patil, for
Respondent.
-------
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.04
14:01:57
CORAM : ASHWIN D. BHOBE, J.
+0530
DATE : 3rd SEPTEMBER, 2026.
P.C.
1. Heard Ms. Mansi Patil, learned Advocate for the Applicant and
Mr. Sunil Kamble, learned Advocate for the Respondent.
2. By this Application filed under Section 24 of the Code of Civil
Procedure, 1908, at the instance of the Applicant (Wife), who resides in
Islampur, District Sangli, the Applicant has sought the following substantial
relief:
“a. This Hon’ble Court may be pleased to transfer the Marriage
Petition bearing No.679 of 2024 pending before the Ld.
Shantanu S. Dhudum
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24-MCA-20-2026 (C).DOC
Family Court Belapur, Navi Mumbai to the Civil Judge,
Senior Division, Islampur.”
3. The Respondent (Husband) has filed Marriage Petition No. 679
of 2024 before the Family Court, Belapur, Navi Mumbai.
4. Ms. Mansi Patil, learned Advocate for the Applicant submits that
the Applicant seeks transfer of the Marriage Petition No. 679 of 2024 on
the following grounds:
(A) That the Applicant is a homemaker, having the responsibility of
taking care of a minor child aged 1 ½ years and has no
independent source of income;
(B) That the distance between Islampur District, Sangli and Belapur,
Navi Mumbai, is approximately 300 km, causing considerable
inconvenience to the Applicant (Wife).
5. Mr. Sunil Kamble, learned Advocate for the Respondent, submits
that the Applicant's presence is not required on every date of hearing in
Marriage Petition No. 679 of 2024 and therefore, opposes the present
Application.
6. Perused the Record.
7. In N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha 1, the Hon’ble
Supreme Court, in paragraph 9 has observed as under:-
1 2022 SCC OnLine SC 1199
Shantanu S. Dhudum
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24-MCA-20-2026 (C).DOC
“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 of 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.”
8. The fact that the Applicant is a homemaker responsible for the
care of a minor child aged 1 ½ years, born out of wedlock to the
Respondent, and that the distance between Islampur, District Sangli and
Belapur, Navi Mumbai, is approximately 300 k.m. is not in dispute.
9. Based on the facts stated in this Application and the submissions
made by Ms. Mansi Patil, learned Advocate for the Applicant, it is evident
that the inconvenience and hardship to the Applicant in attending and
pursuing the proceedings at Belapur would be considerably greater than
any inconvenience, if any, that may be caused to the Respondent. The
Applicant is therefore entitled to the relief prayed for in this Application.
Shantanu S. Dhudum
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24-MCA-20-2026 (C).DOC
10. In view of the above, this Application is allowed in terms of
prayer Clause (a). Consequently, Marriage Petition No. 679 of 2024,
pending before the Family Court, Belapur, Navi Mumbai, is withdrawn and
transferred to the Civil Court at Islampur, District Sangli, having
jurisdiction to entertain and try said matrimonial and family disputes.
11. The Principal District Judge, Sangli, is requested to assign Hindu
Marriage Petition No. 679 of 2024 to the Civil Court at Islampur, District
Sangli having jurisdiction to entertain and try matrimonial and family
matters.
12. The Applicant shall place a copy of this order before the
Principal District, Judge, Sangli.
13. Miscellaneous Civil Application No.20 of 2026 is disposed of.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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