Bombay High Court
Neha Amol BairagiversusAmol Ramesh Bairagi
- Disposal
- Rejected at Admission stage
Holding
The application for transfer of the marriage petition under Section 24 CPC is rejected.
Summary
The wife (applicant) filed an application under Section 24 of the Civil Procedure Code seeking to transfer Marriage Petition No. 379 of 2025 from the 14th Joint Civil Judge, Senior Division and Additional Chief Judicial Magistrate, Ahmednagar to the Family Court in Aurangabad. She argued that the 120 km distance, her lack of income, and a pending criminal case against her husband under Section 498 IPC in Aurangabad justified the transfer. The court noted that the criminal case has no nexus with the divorce petition and that financial hardship could be addressed through a separate application for travel expenses. Citing Supreme Court precedents on the convenience of the wife, the court held that the distance alone did not merit transfer and rejected the application. The court suggested that the wife could appear via video‑conferencing if she so applies.
Issues considered
- Whether the transfer of a marriage petition under Section 24 CPC is warranted on the grounds of distance, the wife’s financial hardship, and a pending criminal case against the husband.
Legislation cited
- Code of Civil Procedure, 1908 — s. 24
- Indian Penal Code, 1860 — s. 498
Subjects
- transfer of suit
- Section 24 CPC
- family law
- divorce
- convenience of parties
- video conferencing
- financial hardship
Judgment
2026:BHC-AUG:38262
1 945-mca-230-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
MISC.CIVIL APPLICATION NO. 230 OF 2026
Neha Amol Bairagi
VERSUS
Amol Ramesh Bairagi
...
Advocate for Applicant : Mr. Shelke Manoj Uttamrao
...
CORAM : ROHIT W. JOSHI, J.
DATED : AUGUST 21, 2026
P.C.:
1. Present application is filed under Section 24 of the Civil
Procedure Code seeking transfer of Marriage Petition No.379 of 2025
from the Court of learned 14 th Joint Civil Judge, Senior Division and
Additional Chief Judicial Magistrate, Ahmednagar to learned Family
Court, Aurangabad.
2. The distance between Ahmednagar to Aurangabad is 120
kms. Both cities are major cities and very well connected by the mode
of public transport. The only ground i.e. pressed into service seeking
transfer is that the wife has no source of income and the prosecution
under Section 498 of Indian Penal Code is pending against
respondent/husband at Aurangabad. The criminal case has no nexus
with the petition for divorce filed by the husband. As regards financial
hardship, the applicant/wife can move appropriate application before
learned Trial Court seeking orders for payment of appropriate amount
towards traveling and other expenses.
2 945-mca-230-2026.odt
3. Learned advocate placed reliance on authorities of the
Hon’ble Supreme Court which states that convenience of the wife must
be considered while dealing with transfer applications.
4. Having regard to the distance between these two cities, the
ratio of aforesaid judgments cannot be made applicable to the present
case.
5. The application is therefore rejected.
6. In the event, the appellant/wife 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 Civil Judge Senior Division, Ahmednagar.
[ROHIT W. JOSHI J.]
Mujaheed//
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