Bombay High Court

Rajashree Machindra TheteversusMachhindra Babulal Thete

Disposal: Rejected at Admission stage

Holding

The application for transfer of the marriage petition was rejected.

Summary

The applicant-wife sought to have Marriage Petition No. 70 of 2026 transferred from the Civil Judge, Senior Division, Chalisgaon to the Civil Judge, Senior Division, Kopargaon. She argued that the 100 km distance, lack of personal income, and absence of accompaniment would cause financial hardship in attending court in Chalisgaon. The court noted that both towns are sizable, well‑connected by road and rail, and found no substantive ground beyond the financial claim to justify a transfer. It suggested that the wife could seek a direction for the husband to bear travel expenses or request video‑conferencing to appear. Consequently, the transfer application was rejected. The court indicated that a video‑conferencing application, if filed, may be entertained.

Issues considered

Whether the marriage petition should be transferred from Chalisgaon to Kopargaon on the basis of distance and alleged financial hardship.

Subjects

transfer of suit
marriage petition
financial hardship
video conferencing
jurisdiction
civil procedure

Judgment

2026:BHC-AUG:40138


                      IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                 BENCH AT AURANGABAD

                       912 MISC.CIVIL APPLICATION NO. 249 OF 2026

                                  Rajashree Machindra Thete
                                            VERSUS
                                   Machhindra Babulal Thete
                                                ...
                        Advocate for Applicant : Mr. Rodge Krishna Pratap
                                                ...

                                 CORAM      : ROHIT W. JOSHI, J.
                                 Dated      : September 02, 2026

           PER COURT :-

           1.        The present application is filed seeking transfer of Marriage

           Petition No. 70 of 2026 from the Court of learned Civil Judge, Senior

           Division, Chalisgaon to the Court of learned Civil Judge, Senior Division,

           Kopargaon.



           2.    The applicant-wife is aged around 41 years. The distance

           between the two places is around 100 kilometers. Both cities are

           sufficiently big cities which are well connected by road and rail. The

           children of the parties are staying with the non-applicant husband.



           3.    Except for the statement that the wife does not have any source

           of income and will face financial hardship in traveling from Kopargaon

           to Chalisgaon for attending the court case, and that there is nobody to

           accompany her for attending the court proceedings at Chalisgaon, no

           other ground is raised in support of the transfer application.


                                             Page 1 of 2
                                                               912 MCA 249-2026




4.       Having regard to the distance between the two places as also

the connectivity by modes of public transport, this Court sees no

reason to allow the application. The application is therefore rejected.



5.       As far as the contention with respect to financial hardship is

concerned, the same can be taken care of by moving an appropriate

application before the learned Court seeking directions to the

husband to make payment of an appropriate amount for traveling

and other expenses, as well as seeking permission for the applicant-

wife to appear through video conferencing.



6.       In the event the applicant-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 concerned Court.




                                                 ( ROHIT W. JOSHI, J. )




vj gawade/-.




                                  Page 2 of 2

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