Bombay High Court

KAJAL NARENDRA SURYAVANSHIversusNARENDRA RAMESH SURYAVANSHI

Disposal: Rejected at Admission stage

Holding

The Court held that the distance and alleged hardship do not constitute sufficient grounds for transferring the marriage petition, and therefore rejected the transfer application.

Summary

The applicant sought transfer of Marriage Petition No. B‑9 of 2026 from the Family Court at Nashik to the Family Court at Ahilya Nagar, alleging a 150 km distance, lack of means of earning, and caregiving responsibilities for her father. She also highlighted pending proceedings before the Ahilya Nagar court under the BNSS and the Protection of Women from Domestic Violence Act. The Court observed that both Nashik and Ahilya Nagar are major, well‑connected cities and that the distance does not, by itself, justify a transfer. It noted that the wife’s other proceedings were filed after the husband’s divorce petition and on the same date, indicating no procedural necessity for relocation. The Court suggested that the wife could seek an order for conveyance expenses instead of a transfer. Consequently, the application for transfer was rejected.

Issues considered

Whether the distance of approximately 150 km and the wife’s alleged financial hardship warrant transfer of the marriage petition from Nashik to Ahilya Nagar.

Legislation cited

Subjects

transfer of jurisdiction
family court
marriage petition
domestic violence
financial hardship
procedural law

Judgment

2026:BHC-AUG:39368


                      IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                 BENCH AT AURANGABAD

                       911 MISC.CIVIL APPLICATION NO. 225 OF 2026

                                   Kajal Narendra Suryavanshi
                                              VERSUS
                                 Narendra Ramesh Suryavanshi
                                                ...
                Advocate for Applicant : Mr. Suraj R. Mantri h/f Mr. Dushing Sanjay
                                             Bhaurao
                                                ...

                                 CORAM       : ROHIT W. JOSHI, J.
                                 Dated       : August 29, 2026

           PER COURT :-

           1.      The present application is filed seeking transfer of Marriage

           Petition No. B-9 of 2026 from the Family Court at Nashik to the Family

           Court at Ahilya Nagar (Ahmednagar).



           2.      The learned Advocate for the applicant states that the distance

           between Ahilya Nagar and Nashik is around 150 km and that the wife

           has no means of earning, as such, it will be difficult for her to travel

           from Ahilya Nagar to Nashik to defend the proceeding. Apart from this,

           it is contended that the applicant-wife has to take care of her old

           father as well. The parties are not blessed with any issue from the

           wedlock. It is further stated that the wife has filed two proceedings

           against the husband under the provisions of the BNSS and the

           Protection of Women from Domestic Violence Act which are pending

           before the competent Court at Ahilya Nagar.



           3.      Perusal of the record indicates that both proceedings at Ahilya

                                              Page 1 of 2
                                                           911 MCA 225-2026



Nagar were filed after the husband filed the petition for divorce at

Nashik.        Both proceedings were filed on the same date. Having

regard to the fact that both cities are major cities in Maharashtra

well connected through different modes of public transport, as also

having regard to the distance between the two places, in the

considered opinion of this Court, no case is made out for transfer of

proceedings from Nashik to Ahilya Nagar. It is also to be noted that

the proceedings filed by the wife are subsequent to the proceedings

filed by the husband immediately upon receiving summons in the

divorce petition and two separate proceedings were filed on the

same date.



4.       As regards the financial hardship, the same can be addressed

by granting liberty to the wife to move an appropriate application

before the learned Court seeking expenses for conveyance and other

miscellaneous expenses for attending the court proceedings at

Nashik. In view of the reasons recorded above, the transfer

application is rejected.



                                               ( ROHIT W. JOSHI, J. )




vj gawade/-.




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