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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Disposed off as Withdrawn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The application for transfer is withdrawn and the court disposes of it accordingly.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 The court disposed of the miscellaneous civil application as withdrawn.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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