Bombay High Court
Prachi wo Prathmesh BhurkeversusPrathmesh so Baban Bhurke
- Disposal
- DISPOSED OFF
- Bench
- Y G KHOBRAGADE
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
- Hindu Marriage Act, 1955 — s. 13(1)(ia), 24
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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