Bombay High Court
Sultana Imran PinjariversusImran Rahim Pinjari
- Disposal
- APPLICATION ALLOWED
- Bench
- Y G KHOBRAGADE
Holding
The suit for restitution of conjugal rights is to be transferred to the Civil Judge, Junior Division, Dhule, as the wife’s convenience must be given priority in matrimonial proceedings.
Summary
The wife, Sultana Imran Pinjari, filed a miscellaneous civil application under Section 24 of the Civil Procedure Code seeking transfer of a regular civil suit (No. 158 of 2024) for restitution of conjugal rights, originally filed in Jamner, to the Civil Judge’s court in Dhule. The suit was filed by her husband, Imran Rahim Pinjari, who is serving in the military and appeared through his father. The wife argued that the distance of about 160 km would cause her undue hardship and expense, and that jurisprudence requires the convenience of the wife in matrimonial matters to be considered. The husband opposed the transfer, contending that his elderly parents were already attending the proceedings in Jamner and would face inconvenience if the case were moved. The court, relying on established case law that prioritises the wife’s convenience in matrimonial proceedings, held that the suit should be transferred to Dhule. Consequently, the application was allowed and the suit was ordered to be transferred.
Issues considered
- Whether a matrimonial suit for restitution of conjugal rights should be transferred to another court on the ground of the wife’s inconvenience.
- Whether the convenience of the wife outweighs the inconvenience to the husband’s parents in deciding the transfer.
Legislation cited
- Code of Civil Procedure, 1908 — s. 24
Subjects
- transfer of suit
- restitution of conjugal rights
- maternity proceedings
- convenience of wife
- Section 24 CPC
- civil procedure
Judgment
929mca295-25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
929 MISC.CIVIL APPLICATION NO. 295 OF 2025
Sultana Imran Pinjari
VERSUS
Imran Rahim Pinjari
...
Mr. Nitin S. SalunkeMr. Kulkarni Suniket Anil, Advocate for Applicant
Mr. G. V. Wani, AGP for Respondent State
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 Regular Civil
Suit 158 of 2024 pending on the file of learned Civil Judge, Junior
Division, Jamner, District Jalgaon to the court of learned Civil Judge,
Junior Division, Dhule.
3. It is not in dispute that the applicant and non applicant are
following Islam religion. The marriage between the applicant and the
non-applicant was solemnized on 07.11.2023 at Dhule as per custom
and rites prevailing in their society. After the marriage/Nikah, the
applicant cohabited with the non-applicant at her matrimonial house.
However, subsequently, the non-applicant subjected the applicant to ill-
treatment and cruelty on various grounds, leading to marital discord
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between them. Consequently, she started residing with her parents at
Dhule. Thereafter, the non-applicant filed proceedings bearing
Regular Civil Suit 158 of 2024 before the learned Civil Judge, Junior
Division, Jamner, District Jalgaon seeking a decree of restitution of
conjugal rights.
4. The learned counsel for the applicant canvassed that the
applicant is a housewife and residing with her parents at Dhule. The
non applicant is serving Military at Manipur and he is attending the
said proceeding through his father and the non-applicant never
attended the said proceeding. Since the distance between Dhule and
Jamner is about 160 kilometers, it will be inconvenient for the
applicant to travel and bear the travelling expenses.
5. The learned counsel for the applicant placed reliance on the
N.C.V. Aishwarya Vs. A. S. Saravana Karthik Sha (Civil Appeal
No.4894/2022), Sumita Singh Vs. Kumar Sanjay & another, AIR 2002
SC 396, Sunita Baliram Pande Vs. Baliram Hribhau Pande 2012 (2)
MhLJ 143.
6. The learned counsel for the non-applicant strongly opposed
the application on the ground that the non-applicant has already
instituted Regular Civil Suit No. 158 of 2024 before the learned Civil
Judge, Junior Division, Jamner, seeking a decree for restitution of
conjugal rights. It is submitted that the aged parents of the non-
applicant are attending the said proceedings. Therefore, if the said
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proceeding is transferred from the file of the learned Civil Judge,
Junior Division, Jamner to the file of the learned Civil Judge, Junior
Division, Dhule, greater inconvenience would be caused to them, hence
prayed for rejection of the application.
7. It is well settled that, while transferring any matrimonial
proceeding from one Court to another, the convenience of the
wife/female is required to be taken into consideration. Therefore,
considering the law laid down in the above cited cases, it is necessary
to withdraw Regular Civil Suit 158 of 2024 from the file of learned
Civil Judge, Junior Division, Jamner, District Jalgaon to the court of
learned Civil Judge, Junior Division, Dhule for disposal in accordance
with law.
8. In view of the above discussions, following order is passed:
ORDER
(1) Misc. Civil application is allowed.
(2) Regular Civil Suit 158 of 2024 pending on the file of learned
Civil Judge, Junior Division, Jamner, District Jalgaon is hereby
transferred to learned Civil Judge, Junior Division, Dhule for
disposal in accordance with law.
(3) The order be communicated to the concerned courts.
( Y. G. KHOBRAGADE, J. )
JPChavan
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