Bombay High Court

Komal Ravi WahuleversusRavi Laxman Wahule

Disposal: APPLICATION ALLOWED
Bench: Y G KHOBRAGADE

Holding

The application for transfer under Section 24 CPC is allowed, and the case is transferred to the Family Court, Sambhajinagar.

Summary

The wife (applicant) filed an application under Section 24 of the Civil Procedure Code seeking transfer of Civil Miscellaneous Application No. 5 of 2025, pending before the 2nd Joint Civil Judge, Senior Division, Jalna, to the Family Court at Sambhajinagar, Aurangabad. She alleged ill‑treatment by her husband, was driven out of the matrimonial house and now resides with her parents within the jurisdiction of the Sambhajinagar Family Court, making attendance at Jalna inconvenient. The husband (non‑applicant) was served notice but did not appear, which the court treated as implied consent to transfer. The court emphasized that Section 24 CPC requires consideration of the lady’s convenience when transferring proceedings. Accordingly, the court allowed the transfer and ordered the matter to be heard by the Family Court, Sambhajinagar.

Issues considered

Whether the civil miscellaneous application pending before the 2nd Joint Civil Judge, Senior Division, Jalna can be transferred to the Family Court at Sambhajinagar under Section 24 of the CPC, considering the convenience of the lady and the non‑appearance of the husband.

Legislation cited

Code of Civil Procedure, 1908 — s. 24

Subjects

Section 24 CPC
transfer of proceedings
convenience of lady
family court jurisdiction
civil miscellaneous application
domestic ill‑treatment

Judgment

2026:BHC-AUG:1522

                                                                     926mca301-25

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD


                       926 MISC.CIVIL APPLICATION NO. 301 OF 2025

                                    Komal Ravi Wahule
                                          VERSUS
                                   Ravi Laxman Wahule
                                              ...
              Ms. Neha Udavant h/for Mr. S. J. Salunke, Advocate for Applicant


                                  CORAM      : Y. G. KHOBRAGADE, J.
                                  Dated      : 13th January, 2026

              PER COURT :-

              1.       Heard learned counsel appearing for the applicant.


              2.       Leave granted to correct prayer clause (B) about transfer

              of the proceeding to the file of the learned Family Court, Chh.

              Sambhajinagar (Aurangabad ), instead of the court of the learned

              C.J.S.D., Chh. Sambhajinagar (Aurangabad)


              3.       By the present application under section 24 of the Civil

              Procedure Code, the applicant wife is seeking transfer of Civil

              Misc. Application No. 5 of 2025 (Ravi Vs. Komal), pending on the

              file of learned 2nd Joint Civil Judge, Senior Division, Jalna to the

              file of learned Family Court, Chh. Sambhajinagar (Aurangabad).


              4.       The learned counsel for the applicant-wife submitted

              that, the non-applicant subjected the applicant to ill-treatment



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and she was driven out of her matrimonial house, as a result of

which she started residing with her parents within the jurisdiction

of Family Court, Chh. Sambhajinagar and it is inconvenience for

her to attend the proceeding filed by the non applicant at Jalna.


5.         As per section 24 of the Civil Procedure while

transferring    proceedings    from   one    court   to   another,    the

convenience of the lady, who is required to attend the proceeding,

is required to be considered. Though the non applicant is served

with notice, he remained absent, which shows his implied consent

for transfer of the said proceeding.        Therefore, considering the

nature of dispute of the applicant lady, it is would be just and

proper to transfer Civil Misc. Application No. 5 of 2025 (Ravi Vs.

Komal), pending on the file of learned 2nd Joint Civil Judge,

Senior Division, Jalna      to the file of the learned Family Court,

Chh. Sambhajinagar (Aurangabad) for disposal in accordance with

law.


6.         In view of the above discussions, following order is

passed:
                               ORDER

(1)       Misc. Civil application is allowed.

(2)    Civil Misc. Application No. 5 of 2025 (Ravi Vs. Komal),,
          pending on the file of learned 2nd Joint Civil Judge, Senior
          Division, Jalna   is hereby transferred to the Court of the

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                 learned   earned   Family   Court,   Chh.   Sambhajinagar
                 (Aurangabad), for disposal in accordance with law.

           (3)   The order be communicated to the concerned courts.




                                                 ( Y. G. KHOBRAGADE, J. )
JPChavan




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