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Bombay High Court

Bhakti Saurabh Yadav Maiden Name Ms Bhakti Vijay UdanurversusSaurabh Sanjay Yadav

Disposal
Allowed

Holding

The court held that the petition for transfer under Section 24 CPC is justified and ordered the marriage petition to be transferred to the Family Court at Solapur.

Summary

The applicant, a wife, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure seeking transfer of a marriage petition (A‑No.1845/2025) from the Family Court at Pune to the Family Court at Solapur. She argued that she is financially dependent, has aged parents to care for, and faces a 265 km travel burden, while the respondent contended that attending proceedings in Solapur would jeopardise his employment. The applicant also highlighted three criminal cases she had earlier filed against the respondent in Solapur, which the respondent was already attending. The court, relying on the Supreme Court’s decision in N.C.V. Aishwarya v. A.S. Saravana Karthik, emphasized that the primary consideration in matrimonial matters is the wife’s convenience and economic hardship. Finding that the applicant’s inconvenience outweighed that of the respondent, the court allowed the transfer and ordered the petition to be withdrawn from Pune and assigned to Solapur.

Issues considered

  • Whether Section 24 of the Code of Civil Procedure permits transfer of family court proceedings in matrimonial matters.
  • Whether the applicant's economic dependence and caregiving responsibilities justify transfer of the petition.
  • Whether the respondent's inconvenience and employment concerns outweigh the applicant's hardship.
  • Whether pending criminal proceedings in Solapur affect the decision to transfer the matrimonial petition.

Legislation cited

Subjects

  • transfer of suit
  • Section 24 CPC
  • family court jurisdiction
  • matrimonial proceedings
  • economic hardship
  • pending criminal cases
  • wife's convenience

Judgment

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                                                                                         16-MCA-26-2026 (C).DOC


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIRCUIT BENCH AT KOLHAPUR

                                                   CIVIL APPELLATE JURISDICTION

                                              MISC.CIVIL APPLICATION NO. 26 OF 2026

                            Bhakti Saurabh Yadav Maiden
                            Name Ms Bhakti Vijay Udanur                                   …...Applicant
                                  VERSUS.
                            Saurabh Sanjay Yadav                                           …...Respondent

                                                             -----
                            Mr. Ashitosh G. Pawar (Through VC), for Applicant.
                            Mr. Sujay Joshi (Through VC), for the Respondent.
                                                                     -------


                                                CORAM          :     ASHWIN D. BHOBE, J.
                                                DATE           :     10th SEPTEMBER, 2026.
                            P.C.

          Digitally
          signed by
          SHANTANU
SHANTANU SHANKARSA
                            1.          Heard, Mr. Ashitosh G. Pawar, learned Advocate for the Applicant
SHANKARSA DHUDUM
DHUDUM    Date:
          2026.09.15
          17:41:22
          +0530
                            and Mr. Sujay Joshi, learned Advocate for the Respondent.


                            2.          By this Application filed under Section 24 of the Code of Civil

                            Procedure, 1908, the Applicant has sought the following substantial relief,

                            as reproduced verbatim:


                                   “A. That this Hon’ble Court be pleased to pass an appropriate
                                        order under Section 24 of the Civil Procedure Code, 1908
                                        and   transfer   the       proceedings   being   Petition   A-
                                        No.1845/2025 before the Hon’ble Family Court at Pune
                                        to the Family Court at Solapur.”




                   Shantanu S. Dhudum
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                                                                  16-MCA-26-2026 (C).DOC


         3.          The Applicant (wife) has sought transfer of Marriage Petition A -

         No.1845 of 2025, filed by the Respondent (husband) before the Family

         Court at Pune, to the Family Court at Solapur, on the following grounds:


                A. The Applicant has no independent source of income and is

                     entirely dependent on her family.


                B. The distance between Pune and Solapur is approximately

                     265 kilometres each way.


                C. The Applicant has her two aged and ailing parents to look

                     after, and therefore attending and pursuing the proceedings

                     before the Family Court at Pune causes her inconvenience

                     and hardship.


         4.          Mr. Ashitosh G. Pawar, learned Advocate for the Applicant,

         submits that the Applicant has filed three (3) criminal proceedings against

         the Respondent and his family members before the Criminal Courts in

         District Solapur. He further states that the aforesaid three (3) proceedings

         were filed earlier.


         5.          Mr. Sujay Joshi, learned Advocate for the Respondent, submits

         that although the Respondent is employed in a private company, it would

         be inconvenient for him to attend the Family Court at Solapur, as he would

         have to be absent from his job, which may put his employment at risk.




Shantanu S. Dhudum
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                                                                      16-MCA-26-2026 (C).DOC


         6.           Mr. Sujay Joshi, learned Advocate for the Respondent, however,

         does not dispute the statement made by Mr. Ashitosh G. Pawar, learned

         Advocate for the Applicant, that the Applicant has filed three (3) criminal

         proceedings against the Respondent and his family members, which are

         pending before the Courts at Solapur and that the Respondent is attending

         those proceedings.


         7.            Perused the record.


         8.            In N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha 1, the Hon’ble

         Supreme Court, in paragraph 9, has observed as under:-


                “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 they are seeking their sustenance
                     of 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.”


         9.           Considering the difficulties expressed by the Applicant in

         attending to and pursuing Marriage Petition A No. 1845 of 2025, which is

         1 2022 SCC OnLine SC 1199

Shantanu S. Dhudum
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                                                                  16-MCA-26-2026 (C).DOC


         pending before the Family Court at Pune and bearing in mind that the

         three (3) criminal proceedings instituted by the Applicant against the

         Respondent and his family members, which are pending before the Courts

         at Solapur and were filed prior to the filing of Marriage Petition A No.

         1845 of 2025, the inconvenience that would be caused to the Applicant

         would be much greater than the inconvenience that would be caused to the

         Respondent if Marriage Petition A No. 1845 of 2025 is transferred to

         Solapur.


         10.         In view of the above, the Application is allowed in terms of

         prayer clause (A). Consequently, Marriage Petition A-No. 1845 of 2025

         pending before the Family Court at Pune is hereby withdrawn and

         transferred to the Family Court at Solapur.


         11.         The Applicant shall place a copy of this order before the

         Principal District Judge, Solapur, to enable assignment of Marriage Petition

         A-No. 1845 of 2025 to the concerned Family Court at Solapur.


         12.         Miscellaneous Civil Application No.372 of 2025 is disposed of.




                                                       ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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