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.
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+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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