Bombay High Court
MONALI MAHESH CHAVANversusMAHESH VIJAY CHAVAN
- Disposal
- Disposed off as Withdrawn
Holding
The application for transfer is withdrawn and the court disposes of it accordingly.
Summary
The applicant, Monali Mahesh Chavan, filed a miscellaneous civil application seeking transfer of her divorce proceedings (Hindu Marriage Application No. 383 of 2022) and several criminal miscellaneous applications from courts in Karad and Palus to the Civil Judge Senior Division in Pune. The High Court initially expressed reluctance to consider the transfer and the matter was adjourned. Subsequently, the applicant, through counsel, sought to withdraw the application. The respondent, Mahesh Vijay Chavan, did not oppose the withdrawal and proposed payment of outstanding maintenance under the Protection of Women from Domestic Violence Act, 2005 and Section 24 of the Hindu Marriage Act, 1955 in three instalments, along with a one‑way travel fare for the applicant. Both parties agreed to expedite the pending Hindu Marriage petition. The court disposed of the miscellaneous civil application as withdrawn.
Issues considered
- Whether the High Court should entertain the application for transfer of the divorce and criminal proceedings.
- Whether the applicant may withdraw the transfer application after it has been listed.
- Whether any procedural impediment exists to the withdrawal of the application.
Legislation cited
Subjects
- transfer of suit
- withdrawal of application
- maintenance
- Hindu marriage
- domestic violence
- civil procedure
- family law
Judgment
910 - MCA - 25 - 2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
RAMESH
CIVIL APPELLATE JURISDICTION
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.11
15:32:57 +0530 MISCELLANEOUS CIVIL APPLICATION NO. 25 OF 2026
Monali Mahesh Chavan … Applicant
V/s.
Mahesh Vijay Chavan … Respondent
Mr. Kuldeep U. Nikam for the Applicant.
Mr. Sharad T. Bhosale with Mr. Amar P. Dhumal, Shraddha
Jadhav and Mohsin Khan with Viraj Dhumal.
CORAM : ASHWIN D. BHOBE, J.
DATED : SEPTEMBER 11, 2026
P.C.:
1. By the present Application, the Applicant has prayed for the
following substantive reliefs:
“A. This Hon’ble Court may be pleased to transfer the Respondent Divorce
Proceeding Hindu Marriage Application No.383 of 2022 filed by the present
Respondent before the Ld. Court of Civil Judge Senior Division, Karad at
Karad, District Satara to Ld. Civil Judge Senior Division at Pune;
B. The Hon’ble Court may be pleased to transfer the Criminal Misc
Application/119/2022, Criminal Misc Application/143/2022, Criminal Misc
Application/88/2023, Criminal Misc Application/62/2024 filed before
Judicial Magistrate First Class, Palus, District Sangli to the Ld. Civil Judge
Senior Division, Pune;”.
2. The Application was listed before this Court on 3rd September
2026, on which date, upon this Court expressing a view of not being
inclined to consider this transfer Application, Mr. Kuldeep Nikam,
learned Advocate for the Applicant, sought an adjournment to obtain
instructions from the Applicant. On 4th September 2026, the matter
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910 - MCA - 25 - 2026.docx
was adjourned as Mr. Kuldeep Nikam, learned Advocate for the
Applicant, had not received the instructions.
3. Today, Mr. Kuldeep Nikam, learned Advocate for the Applicant, on
instructions, seeks leave to withdraw the present Application.
4. Mr. Sharad T. Bhosale, learned Advocate for the Respondent-
husband, does not oppose the withdrawal. He, in all fairness and
without prejudice to any of the rights and contentions of the
Respondent, submits that the Respondent shall pay the outstanding
maintenance awarded to the Applicant in the proceedings under the
Protection of Women from Domestic Violence Act, 2005 and under
Section 24 of the Hindu Marriage Act, 1955, in three instalments.
5. Mr. Sharad T. Bhosale, learned Advocate for the Respondent
submits that a sum of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand
only) shall be paid to the Applicant on or before 19th September 2026
and the remaining outstanding amount shall be paid to the Applicant in
two equal instalments, payable on or before 25th November 2026.
6. Mr. Sharad T. Bhosale, learned Advocate for the Respondent,
states that the Respondent is also ready and willing to pay one-way fare
for the Applicant to travel from Pune to Karad for the purpose of
attending the Court in person. To clarify, he states that the Respondent
will pay the Applicant one-way travel fare at the rate of Rs. 3,500/-
(Rupees Three Thousand Five Hundred only) towards travel expenses
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910 - MCA - 25 - 2026.docx
on the date when the Applicant is required by the Family Court to be
present in person at the Family Court at Karad.
7. The fair stand taken by the Respondent in this matter is
appreciated.
8. Mr. Sharad T. Bhosale, learned Advocate for the Respondent,
states that in the interest of both the parties, the proceedings under
Hindu Marriage Petition No. 383 of 2022 be expedited. He submits that
the proceedings have reached the fag end, wherein the evidence of the
Applicant is in progress.
9. Mr. Kuldeep Nikam, learned Advocate for the Applicant, on
instructions from the Applicant, states that the Applicant shall not take
any adjournment and shall cooperate with the early disposal of the said
Hindu Marriage Petition No. 383 of 2022.
10. In view of the above, Miscellaneous Civil Application No. 25 of
2026 is disposed of as withdrawn.
(ASHWIN D. BHOBE, J.)
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