Bombay High Court
PURVA ROHIT SHINGEversusROHIT MAHAVIR SHINGE
- Disposal
- Allowed
Holding
The High Court allowed the transfer of Marriage Petition No. 254 of 2022 to the Family Court at Kolhapur.
Summary
The wife (Applicant) filed a Hindu Marriage Petition (No. 301 of 2022) in the Family Court at Kolhapur, while her husband (Respondent) filed a separate marriage petition (No. 254 of 2022) under Section 9 of the Hindu Marriage Act before the Civil Judge, Senior Division, Jaysingpur. The Applicant moved a Miscellaneous Civil Application under Section 24 of the CPC seeking transfer of the Respondent's petition to the Family Court, citing inconvenience and her lack of income. The Respondent objected, arguing that the transfer should be sought before the District Court. The High Court examined the convenience factor and the fact that a related petition was already pending in the Family Court, and held that the transfer was appropriate. Consequently, the Court ordered that Petition No. 254 of 2022 be transferred to the Family Court at Kolhapur and directed the Principal District Judge to allocate it alongside Petition No. 301 of 2022.
Issues considered
- Whether an application under Section 24 of the CPC for transfer of a marriage petition from a Civil Court to a Family Court is maintainable before the High Court.
- Whether the convenience of the parties and the existence of a related petition in the Family Court justify the transfer.
Legislation cited
- Code of Civil Procedure, 1908 — s. 24
- Hindu Marriage Act, 1955 — s. 9
Subjects
- Section 24 CPC
- Section 9 Hindu Marriage Act
- transfer of suit
- family court jurisdiction
- inconvenience of parties
- parallel proceedings
Judgment
45-MCA-29-2026 (C).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
MISC.CIVIL APPLICATION NO. 29 OF 2026
Purva Rohit Shinge … Applicant
Versus.
Rohit Mahavir Shinge … Respondent
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Mr. Balkrushna G. Patil for the Applicant.
Mr. Nikhil N. Pawar a/w. Mr. Rajdeep Shitole for the Respondent.
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Coram : ASHWIN D. BHOBE, J.
Date : 27th August 2026.
ORAL ORDER :
1. Heard Mr. Balkrushna Patil, learned Advocate for the Applicant and Mr.
Nikhil Pawar, learned Advocate for the Respondent.
2. By the present Application filed under Section 24 of the Civil Procedure
Code, 1908, the Applicant seeks the following substantive relief:-
“That this Hon'ble Court be pleased to transfer the Marriage Petition
No. 254 of 2022 pending before the Ld. Civil Judge Senior Division,
Jaysingpur filed by the Respondent under Section 9 of the Hindu
Marriage Act, 1955 to the file of the Ld. Family Court, Kolhapur.”
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45-MCA-29-2026 (C).docx
3. Applicant is the duly married wife of the Respondent.
4. Mr. Balkrushna Patil, learned Advocate for the Applicant states that the
Applicant has filed HMP No. 301 of 2022 against the Respondent before the
Family Court at Kolhapur. He submits that after the institution of the said
Petition by the Applicant, the Respondent (husband) filed Marriage Petition
No. 254 of 2022 under Section 9 of the Hindu Marriage Act, 1955 before the
Civil Judge Senior Division at Jaysingpur.
5. Mr. Balkrushna Patil, learned Advocate for the Applicant, submits that
the request for transfer of Marriage Petition No. 254 of 2022, filed by the
Respondent, to the Family Court at Kolhapur is made on account of the
inconvenience caused to the Applicant. He submits that the Applicant has no
source of income.
6. Mr. Nikhil Pawar, learned Advocate for the Respondent, raises an
objection to the maintainability of these proceedings on the ground that the
Applicant should approach the District Court under Section 24 of the CPC to
seek transfer of the proceedings.
7. Perused the records.
8. Considering the statements made by the Applicant in this Application
and the ground for transfer put forth by the Applicant, namely inconvenience
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45-MCA-29-2026 (C).docx
and further considering that the Hindu Marriage Petition No. 301 of 2022,
which was filed earlier by the Applicant, is pending before the Family Court
at Kolhapur, the proceedings of Marriage Petition No. 254 of 2022, pending
before the Civil Judge Senior Division at Jaysingpur, are transferred to the
Family Court at Kolhapur.
9. Accordingly, this Application is allowed by transferring the Marriage
Petition No. 254 of 2022, pending before the Civil Judge, Senior Division, at
Jaysingpur, to the Family Court at Kolhapur.
10. The Principal District Judge, Kolhapur, is directed to allot Marriage
Petition No. 254 of 2022 to the Court seized of Hindu Marriage Petition No.
301 of 2022.
11. Misc. Civil Application No. 29 of 2026 is allowed on the aforesaid
terms.
Digitally signed
by OMKAR
SHIVAHAR
OMKAR
SHIVAHAR
KUMBHAKARN [ ASHWIN D. BHOBE, J. ]
KUMBHAKARN Date:
2026.08.28
12:08:01
+0530
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