SAMPADA BHALCHANDRA MUKHEDKAR ALIAS SAMPADA BHAVANIDAS MUSRIFversusBHALCHANDRA SHIVKUMAR MUKHEDKAR

                                                           924mca236-25

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

            924 MISC.CIVIL APPLICATION NO. 236 OF 2025

 Sampada Bhalchandra Mukhedkar Alias Sampada Bhavanidas Musrif
                              VERSUS
                  Bhalchandra Shivkumar Mukhedkar
                                  ...
Mr. Joshi Ajinkya Anand, Advocate for Applicant
Mr. Kunal A. Kale a/w Mr. Nilanjan J. Pande, Advocate for Non
applicant

                      CORAM     : Y. G. KHOBRAGADE, J.
                     Dated      : 18th March, 2026

PER COURT :-

1.        The parties to the present application were referred to the

mediation vide order dated 21.01.2026. However, on 07.03.2026, the

learned Mediator, submitted a Mediation failure report. It is taken on

record and marked as 'X' for identification. Therefore, the parties are

called upon to argue the matter on merit


2.        Heard learned counsel appearing for the applicant and learned

counsel appearing for the non applicant at length.


3.        By the present application under section 24 of the Civil

Procedure Code, the applicant wife is seeking transfer of Civil M. A.

No. 09 of 2025 pending on the file of learned Civil Judge, Senior

Division, Khed, District Ratnagiri to the court of learned Family Court,

Nanded.


4.        Admittedly, the marriage between the applicant and the non-


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applicant was solemnized on 03.03.2024 at Nanded. After the

marriage, the applicant cohabited with the non-applicant. However,

subsequently, the non-applicant subjected the applicant to ill-treatment

and cruelty on various grounds, leading to marital discord between

them. Consequently, she started residing with her parents at Nanded.

Thereafter, the non-applicant filed proceedings bearing Civil Misc.

Application No. 9 of 2025 before the learned Civil Judge, Senior

Division, Khed, District Ratnagiri seeking a decree of divorce.


5.       The learned counsel for the applicant canvassed that         the

applicant is a housewife and residing with her parents at Nanded The

non-applicant is serving at Khed, Dist. Nanded. Since the distance

between Nanded and Ratnagiri is about 650 kilometers as also there is

lack of direct transportation facility, it will be inconvenient for the

applicant to travel and bear the travelling expenses.

6.       In the case of N.C.V. Aishwarya Vs. A. S. Saravana Karthik

Sha (Civil Appeal No.4894/2022) decided by the Hon’ble Supreme

Court on 18.07.2022, in paragraph No.9, it is held that:


     “9. The cardinal principle for exercise of power under
     section 24 of the Code of Civil Procedure is that the ends of
     justice should demand the transfer of the suit, appeal or other
     proceeding. In matrimonial matters, wherever Courts are
     called upon to consider the plea of transfer, the Courts have to
     take into consideration the economic soundness of both the
     parties, the social strata of the spouses and their behavioural
     pattern, their standard of life prior to the marriage and
     subsequent thereto and the circumstances of both the parties in
     eking out their livelihood and under whose protective umbrella


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                 they are seeking their sustenance to life. Given the prevailing
                 socio-economic paradigm in the Indian society, generally, it is
                 the wife's convenience which must be looked at while
                 considering transfer."

           10.         It is well settled that, while transferring any matrimonial

           proceeding from one Court to another, the convenience of the

           wife/female is required to be taken into consideration.        Therefore,

           considering the law laid down by the Hon'ble Supreme Court in the

           above cited case, it is necessary to withdraw      Civil M. A. No. 09 of

           2025 pending on the file of learned Civil Judge, Senior Division, Khed,

           District Ratnagiri and transfer the same to the learned Family Court,

           Nanded for disposal in accordance with law.

           11.   In view of the above discussions, following order is passed:
                                          ORDER

           (1)     Misc. Civil application is allowed.

           (2)    Civil M. A. No. 09 of 2025 pending on the file of learned Civil
                  Judge, Senior Division, Khed, District Ratnagiri is hereby
                  transferred to   learned Family Court, Nanded for disposal in
                  accordance with law.

           (3)    The Non applicant shall be at liberty to appear through Video
                  Conferencing facility, in case he is having difficulty to personally
                  appear before the family Court, Nanded.

           (3)    The order be communicated to the concerned courts.




                                                          ( Y. G. KHOBRAGADE, J. )
JPChavan


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