Bombay High Court

AISHWARYA PRITAM WAGH NEE AISHWARYA SADASHIV SONAWANEversusPRITAM AMAR WAGH

Disposal: APPLICATION ALLOWED

Holding

The petition is to be transferred from the Family Court, Thane to the Family Court, Ahilyanagar.

Summary

The wife filed a miscellaneous civil application seeking transfer of a family court petition (No. 274/2026) from the Family Court in Thane to the Family Court in Ahilyanagar. The child, aged about five, resides with the mother at Ahilyanagar, and the distance between the two courts is roughly 230 km. The husband opposed the transfer, but the court noted the child's residence and the practical difficulty of travel. Considering the child's best interests and convenience, the court allowed the transfer. It also permitted the husband to appear via video‑conferencing if he so applies.

Issues considered

Whether a family court petition should be transferred to another family court on the ground of the child's residence and distance between courts

Subjects

family law
child custody
transfer of petition
jurisdiction
video conferencing

Judgment

2026:BHC-AUG:44103

                                         1                        13.MCA-219-2026.doc



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                        MISC.CIVIL APPLICATION NO. 219 OF 2026

                     AISHWARYA PRITAM WAGH NEE AISHWARYA
                             SADASHIV SONAWANE
                                    VERSUS
                              PRITAM AMAR WAGH

                                             …
                       Advocate for Applicant: Mr. Abhijit Choudhari h/f
                                  Mr. Kothari Pratik Prakash

                     Advocate for Respondent : Mr. Shekade Shashikant E.
                                             …
                                              CORAM      : ROHIT W. JOSHI, J.
                                                 DATE    : 24 th SEPTEMBER 2026

              PER COURT :
              1.       The learned Advocate for the Respondent has tendered an
              affidavit-in-reply. The same is taken on record.


              2.       The present application is filed seeking transfer of Petition
              (A) No. 274/2026 from the file of the learned Family Court, Thane to
              the learned Family Court, Ahilyanagar.


              3.       The distance between the two places is around 230 kms. It
              is not in dispute that the couple is blessed with a child who is
              presently about five years of age. The Applicant/Wife has custody of
              the minor child. Therefore, although the application is strongly
              opposed by the Respondent/Husband, having regard to the fact that
                            2                         13.MCA-219-2026.doc



the minor child resides with his mother (Applicant) at Ahilyanagar,
the request for transfer deserves to be allowed.


4.         The Miscellaneous Civil Application is accordingly allowed.


5.         Petition (A) No. 274/2026 is ordered to be transferred from
the file of the learned Family Court, Thane to the learned Family
Court, Ahilyanagar.


6.         In the event the Respondent - Husband makes an
application for appearance through video-conferencing, the same
may be considered favorably and permission to appear through
video-conferencing may be granted on such dates and at such stages
as is deemed appropriate by the learned Family Court, Ahilyanagar.



                                              ROHIT W. JOSHI
                                                 JUDGE




NAJEEB..

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