Bombay High Court
Dhanshli Akash SurwaseversusAkash Annarao Surwase
- Disposal
- APPLICATION ALLOWED
- Bench
- Y G KHOBRAGADE
Holding
The suit is to be transferred to the Principal District and Sessions Judge, Aurangabad, as the convenience of the wife and child outweighs the respondent's objections.
Summary
The wife filed a Section 24 CPC application seeking transfer of a custody suit (Civil M.A. No.11 of 2024) from the Additional District and Sessions Judge, Nilanga (Latur) to the Principal District and Sessions Judge, Aurangabad, citing the inconvenience of traveling 350 km with a minor child. The marriage, solemnized in 2019, had deteriorated due to alleged cruelty, leading the wife to reside with her parents in Aurangabad and file a PWDVA case. The husband, who works in a private school, opposed the transfer, requesting video‑conferencing instead of personal appearance. The court held that the convenience of the wife and child is paramount in transfer applications and ordered the suit to be transferred to Aurangabad, allowing the husband to appear via video‑conferencing if needed. The application was allowed and the transfer order was communicated to the concerned courts.
Issues considered
- Whether a civil suit for custody pending in Nilanga should be transferred to Aurangabad under Section 24 of the CPC on the ground of convenience of the wife and child.
- Whether the husband may attend the proceedings through video‑conferencing after transfer.
Legislation cited
- Code of Civil Procedure, 1908 — s. 24
Subjects
- transfer of suit
- Section 24 CPC
- custody of minor
- domestic violence
- convenience of woman
- video conferencing
Judgment
2026:BHC-AUG:15284
928mca272-25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
928 MISC.CIVIL APPLICATION NO. 272 OF 2025
Dhanshli Akash Surwase
VERSUS
Akash Annarao Surwase
...
Mr. Manwatkar Dinesh Umakant, Advocate for Applicant
Mr. Maroti G. Kedar, Advocate for Respondent
CORAM : Y. G. KHOBRAGADE, J.
Dated : 8th April, 2026.
PER COURT :-
1. Heard learned counsel appearing for the applicant and learned
counsel appearing for the non applicant at length.
2. By the present application under section 24 of the Civil
Procedure Code, the applicant wife is seeking transfer of Civil M. A.
No. 11 of 2024 pending on the file of learned Additional District and
Sessions Judge, Nilanga Dist. Latur to the court of learned al District
and Sessions Judge, Aurangabad.
3. Admittedly, the marriage between the applicant and the non-
applicant was solemnized on 12.05.2019 as per the customs and rites
prevailing in their society. After the marriage, the applicant cohabited
with the non-applicant. Out out the wedlock, the applicant and non
applicant are blessed with a female child, now aged about four years
and studying in Senior K.G. in Little Angel School, Aurangabad.
However, the non-applicant subjected the applicant to ill-treatment and
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cruelty on various grounds, leading to marital discord between them.
Consequently, she started residing with her parents at Aurangabad
alongwith her minor child. Thereafter, present applicant filed a
proceeding bearing PWDVA No.396 of 2024 before the JMFC,
Aurangabad. However, the non-applicant filed proceedings bearing
Civil M. A. No. 11 of 2024 before the learned Additional District and
Sessions Judge, Nilanga Dist. Latur seeking custody of minor daughter.
4. The learned counsel for the applicant canvassed that the
applicant is residing with her parents at Aurangabad alongwith her
minor child. The distance between Aurangabad and Nilanga is about
350 kilometers. Therefore, it will be inconvenient for the applicant to
travel with a minor child. It is further canvassed that the non
applicant, who is already facing trial of PWDVA No.396 of 2024
before the JMFC, Aurangabad can also attend the proceeding for
custody of the child, if it is transferred at Aurangabad.
5. The learned counsel for the non applicant husband submits
that the non- applicant is serving in a private School and it will not be
possible for him to personally appear on each and every date at
Aurangabad, therefore, he seeks leave to attend the proceeding through
video conferencing.
10. It is well settled that while transferring proceedings from
one court to another, the convenience of the lady is a paramount
consideration. Therefore, considering the nature of dispute and
convenience of the applicant- lady, it would be just and proper to
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withdraw Civil M. A. No. 11 of 2024 pending on the file of learned
Additional District and Sessions Judge, Nilanga Dist. Latur and transfer
the same to the court of learned Principal District and Sessions Judge,
Aurangabad for decision in accordance with law.
11. In view of the above discussions, following order is passed:
ORDER
(1) Misc. Civil application is allowed.
(2) Civil M. A. No. 11 of 2024 pending on the file of learned
Additional District and Sessions Judge, Nilanga Dist. Latur is
hereby transferred to court of learned Principal District and
Sessions Judge, Aurangabad for disposal in accordance with
law.
(3) After transfer of the proceeding, the Principal District and
Sessions Judge, Aurangabad shall be at liberty to deal with the
matter himself or to assign the same to any other competent
court under his jurisdiction.
(3) The Non applicant shall be at liberty to attend the proceeding
through Video Conferencing facility, in case his personal
presence is not required.
(3) The order be communicated to the concerned courts.
( Y. G. KHOBRAGADE, J. )
JPChavan
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