Bombay High Court
PRAGATI PRATIK BENDRE PRAGATI MAHESH CHAVANversusPRATIK HEMANT BENDRE
- Disposal
- Rejected at Admission stage
Holding
The application for transfer under Section 24 CPC is dismissed as there is no sufficient cause to relocate the marriage petition.
Summary
The applicant wife filed an application under Section 24 of the Code of Civil Procedure seeking transfer of Hindu Marriage Petition No. 171/2026 from the Civil Judge Senior Division, Shirur to the Family Court at Ahilyanagar, citing a criminal case and domestic‑violence application pending in Ahilyanagar. The criminal matter involves an FIR under Sections 74, 75, 85, 115(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 filed by the wife against the husband. The court observed that the criminal and DV proceedings have no direct bearing on the civil petition for declaration of marriage nullity and that a distance of about 70 km does not, by itself, justify transfer. Consequently, the application for transfer was rejected. The court also directed that the wife be permitted to appear via video‑conferencing in Shirur.
Issues considered
- Whether a civil suit for declaration of marriage nullity may be transferred under Section 24 CPC solely on the ground of related criminal/DV proceedings pending in another court
- Whether the distance of approximately 70 km between Shirur and Ahilyanagar warrants transfer of the petition
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 3(5), 351(2), 352, 74, 75, 85
- Code of Civil Procedure, 1908 — s. 24
Subjects
- Section 24 CPC
- transfer of suit
- Hindu Marriage Petition
- jurisdiction
- criminal proceedings
- domestic violence
- video conferencing
Judgment
2026:BHC-AUG:39420
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
910 MISCELLANEOUS CIVIL APPLICATION NO. 238 OF 2026
PRAGATI PRATIK BENDRE PRAGATI MAHESH CHAVAN
VERSUS
PRATIK HEMANT BENDRE
...
Mr. R.S. Kasar, Advocate for applicant
...
CORAM : ROHIT W. JOSHI, J.
DATE : 28th AUGUST, 2026
ORDER :
. Present application is filed under Section 24 of the Code of Civil
Procedure, 1908 seeking transfer of Hindu Marriage Petition No.171/2026
from the Court of learned Civil Judge Senior Division, Shirur, Dist. Pune to
learned Family Court at Ahilyanagar. Distance between Shirur and
Ahilyanagar is around 70 k.ms.
2 Learned Advocate for applicant wife states that proceedings i.e.
Criminal Miscellaneous Application No.276/2026 is filed by the applicant
wife before the Court of learned Judicial Magistrate First Class, Ahilyanagar
is being attended by the husband. It is further stated that on 21.01.2026
First Information Report for the offence under Sections 74, 75, 85, 115(2),
2 910_MCA_238_2026
352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 has lodged by the
applicant wife against the non applicant husband and his family members,
pursuant to which charge sheet is filed before the Court of Judicial
Magistrate First Class, Ahilyanagar. This proceeding is also being attended by
the non applicant husband. It is, therefore, stated that it will be appropriate
that petition seeking declaration of marriage as nullity filed by the non
applicant should also be transferred from Shirur to Ahilyanagar. Distance
between Shirur to Ahilyanagar is around 70 k.ms. Both cities are well
connected by the public transport. The proceedings filed by the applicant
wife against the non applicant husband are of recent origin. Criminal case
and DV application filed by the applicant wife against the non applicant
husband do not have any direct bearing on the petition for declaration of
marriage as nullity filed by the non applicant husband. In view of the above,
no case is made out for transfer. Hence, the application stands rejected.
3 Learned Civil Judge Senior Division, Shirur, Dist. Pune is also
requested to permit the applicant wife to appear through Video Conferencing
on such dates and at such stages as may be deemed proper.
( ROHIT W. JOSHI, J. )
agd
Checking your session…