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Bombay High Court

Prachi wo Prathmesh BhurkeversusPrathmesh so Baban Bhurke

Disposal
DISPOSED OFF

Holding

The court held that the petition may be transferred to the Family Court in Latur under Section 24 of the Hindu Marriage Act.

Summary

The applicant-wife sought transfer of a Hindu Marriage Petition (No. 6 of 2025) filed in Mangaon, Raigad, to the Family Court in Latur, citing inconvenience due to lack of direct transport and financial constraints. The petition for divorce was filed by the husband under Section 13(1)(ia) of the Hindu Marriage Act. The applicant argued that Section 24 of the Act permits transfer for the convenience of the parties. The court examined the application and found no objection from the non‑applicant. Accordingly, the court allowed the transfer application, withdrawing the petition from the Civil Judge’s file in Mangaon and directing it to the Family Court in Latur. The order was to be communicated to both courts.

Issues considered

  • Whether a matrimonial proceeding under the Hindu Marriage Act may be transferred to another court under Section 24 for the convenience of the parties.

Legislation cited

Subjects

  • transfer of suit
  • family law
  • Hindu Marriage Act
  • divorce
  • jurisdiction
  • section 24
  • convenience

Judgment

                                 1                      11mca221.25



          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD

             11 MISC.CIVIL APPLICATION NO. 221 OF 2025

                  PRACHI WO PRATHMESH BHURKE
                                VERSUS
                   PRATHMESH SO BABAN BHURKE
                                   ...
             Advocate for Applicant : Mr. Namdev D. Kendre
                                   ...


                               CORAM : Y.G. KHOBRAGADE, J.
                               DATE : 02.02.2026
PER COURT :


1.          As per the order dated 19.01.2026, passed by this Court, the

notice was sent to the non-applicant by R.P.A.D. Today, the learned

counsel appearing for the applicant placed on record a track report of the

postal department, which shows that, on 27.01.2026, the item is

delivered through the Bhayander, West S.O. However, none appeared on

behalf of the non applicant.


2.          Heard the learned Counsel appearing for the applicant at

length.


3.          By the present application, the applicant-wife prays for

transfer of the matrimonial proceeding bearing Hindu Marriage Petition

No. 6 of 2025, from the file of learned Civil Judge Senior Division,

Mangaon, District Raigad, to the file of learned Family Court, Latur. On

the face of the record it appears that, the marriage between the applicant

and the non applicant was solemnized on 17.03.2023. However, there is
                                       2                        11mca221.25



no issue out of the said matrimonial relations. Due to discord of

matrimonial relations, the applicant was compelled to stay at her

parental house at Latur and the non applicant has instituted Hindu

Marriage Petition No. 6 of 2025 under Section 13 (1) (ia) of the Hindu

Marriage Act, before the learned Civil Judge Senior Division, Mangaon,

District Raigad, seeking a decree of divorce. It is further contended that,

due to financial crisis, and as such, there is no direct transportation

facilities   from   the   Latur   to   Mangaon,    therefore,    she   is     facing

inconvenience to attend the said proceeding. Therefore, considering the

scope of Section 24 of the Act and the convenience of the applicant-wife,

it would be just and proper, to transfer the Hindu Marriage Petition No. 6

of 2025, from the file of the learned Civil Judge Senior Division,

Mangaon, District Raigad to the file of learned Family Court, Latur.


4.            In view of the above, the present application is allowed.


5.            Therefore, the Hindu Marriage Petition No. 6 of 2025, is

hereby withdrawn from the file of learned Civil Judge Senior Division,

Mangaon, District Raigad and it is transferred to the file of learned

Family Court, Latur for proper adjudication.


6.            This order be communicated to both the courts.




                                           ( Y.G. KHOBRAGADE, J.)



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