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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 Consequently, the marriage petition was withdrawn from the Family Court and ordered to be transferred to the Civil Court at Islampur.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

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

                                                                     -----

                                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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