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Bombay High Court

MRS. LAXMI SANTOSH TIWARI @ LAXMI VISHNU CHANDELversusMR. SANTOSH RAMSHEVAK TIWARI

Decided
Disposal
Allowed

Holding

The court ordered the transfer of the marriage petition from the Family Court, Thane, to the Civil Court, Hinganghat, Wardha.

Summary

Mrs. Laxmi Santosh Tiwari filed an application seeking transfer of a marriage petition pending in the Family Court, Thane, to the Civil Court at Hinganghat, Wardha, citing financial constraints and the 751 km distance from her residence. The respondent, Mr. Santosh Ramshevak Tiwari, appeared in person, consented to the transfer, and denied the allegations made in the application. The court noted that the allegations pertained to the main marriage petition and would be addressed therein, not in the transfer application. Considering the applicant’s inability to attend the Thane court and the respondent’s consent, the court allowed the transfer as prayed. The court clarified that the substantive merits and allegations remain open for determination in the transferred marriage petition.

Issues considered

  • Whether a marriage petition pending in a Family Court can be transferred to another civil court on the ground of distance and financial constraints.
  • Whether the consent of both parties suffices for such a transfer.

Subjects

  • transfer of suit
  • marriage petition
  • family court
  • civil court
  • jurisdiction
  • consent
  • financial constraints
  • distance

Judgment

                                                                        31-MCA-218-2026.docx


              rrpillai        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION
                          MISCELLANEOUS CIVIL APPLICATION NO. 218 OF 2026


                         Mrs. Laxmi Santosh Tiwari                 …    Applicant
                         @ Laxmi Vishnu Chandel
                              Vs.
                         Mr. Santosh Ramshevak Tiwari              …    Respondent


                         Ms. Sheetal M. Ubale for the Applicant.
                         Mr. Santosh R. Tiwari – Respondent present in Court.

                                          CORAM : GAURI GODSE, J.

                                          DATE :     16th SEPTEMBER 2026

                         ORDER :


                         1.    This application is filed by the applicant through legal

                         aid service. The applicant seeks transfer of the marriage

                         petition filed by the respondent-husband from the Family

                         Court at Thane to the civil court at Hinganghat, District

                         Wardha.


                         2.    The respondent is served and is present in person. He

                         submits that he has no objection to transfer the proceeding

                         as prayed in the application. He further submits that he has

           Digitally     strong objection to the allegations made in the application
           signed by
           RAJESHWARI
RAJESHWARI RAMESH
RAMESH     PILLAI
PILLAI     Date:
           2026.09.17
                         against him. He therefore denies all the allegations.
           15:03:50
           +0530
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                                              31-MCA-218-2026.docx


3.    I have perused the application. The allegations pertain

to the main proceedings. Hence, I do not find it necessary to

deal with the allegations in the application. The rival

contention of the parties on merits including the allegations

made in this application can be considered in the marriage

petition.


4.    The applicant has contended that she is unable to

attend the court at Thane due to financial constraints and

that she resides at Wardha which is approximately 751 km

from Thane. Hence, the applicant has made out a case for

transfer.


5.    By consent the application is allowed in terms of prayer

clause (a) which reads as under :


     “(a)   This Hon’ble Court be pleased to transfer the

     Petition No. A-423/2024 pending in the file of Ld.

     Family Court, Thane to the file of Ld. Civil Judge

     Senior Division Hinganghat, Dist.-Wardha for further

     proceeding and hearing in the matter accordingly.”


6.    It is clarified that the respective contentions of the

parties on merits including the allegations made in the


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                                                 31-MCA-218-2026.docx


present application are kept open. It is clarified that this court

has not dealt with the allegations made against the

respondent.


                                            [GAURI GODSE, J.]




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