Bombay High Court
MRS. KAVITA AMOL BANPATTE ALIAS KAVITA TUKARAM DHOTREversusMR. AMOL ANIL BANPATTE,
- Disposal
- Allowed
Holding
The court held that the divorce proceedings should be transferred to the Family Court at Solapur.
Summary
The applicant, a homemaker residing in Solapur, filed a miscellaneous civil application seeking transfer of divorce proceedings initiated by her husband in the Family Court at Bandra to the Family Court at Solapur. She contended that she has no source of income, is concurrently involved in criminal proceedings under Section 498‑A IPC and a PWDVA case in Solapur, and that the 400 km distance creates undue hardship. The respondent was duly served but did not appear before the court. Relying on Section 24 of the Code of Civil Procedure and the Supreme Court’s guidance that a wife’s convenience is paramount in matrimonial matters, the court held that the transfer was justified. Accordingly, the divorce proceedings were withdrawn from Bandra and transferred to Solapur, and legal fees were ordered to be paid under the Legal Aid Scheme.
Issues considered
- Whether the divorce proceedings filed in the Family Court at Bandra should be transferred to the Family Court at Solapur on the basis of the applicant's economic hardship, residence, and related criminal and PWDVA proceedings.
- Whether the respondent's absence after service affects the court's power to order a transfer under Section 24 CPC.
- Whether the principles laid down in N.C.V. Aishwarya v. A.S. Saravana Karthik (2022) requiring consideration of the wife’s convenience apply to the present application.
Legislation cited
Subjects
- divorce
- transfer of proceedings
- family court jurisdiction
- economic hardship
- Section 498-A IPC
- PWDVA
- Section 24 CPC
- women's rights
- legal aid
Judgment
61-MCA-303-2025 (C).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
MISC. CIVIL APPLICATION NO. 303 OF 2025
Mrs. Kavita Amol Banpatte Alias … Applicant
Kavita Tukaram Dhotre
Versus.
Mr. Amol Anil Banpatte … Respondent
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Ms. Pooja S. Agarwal (Through V.C.) for the Applicant.
(Appointed as per Lr. No. HCLSC/Civil/1032/2025, dated 05/03/2025)
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Coram : ASHWIN D. BHOBE, J.
Date : 10th September 2026.
PER COURT :
1. Heard Ms. Pooja Agarwal, learned Advocate for the Applicant.
2. By this Application, the Applicant seeks the following substantive relief.
“A. That this Hon'ble Court be pleased to transfer the Divorce
proceedings bearing no. PA- 1301/2023 filed by the
Respondent (Husband) from the court of Hon'ble Family
Court, Bandra to the Family Court, Solapur.”
3. On 23rd September 2025, the following order was passed :
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61-MCA-303-2025 (C).docx
“1. Heard learned counsel for the Applicant. She submits that
the Respondent has been served privately yesterday, and she
will file affidavit of service during the course of the day.
2. Stand over to 7th October, 2025.
3. Matter pending before the Family Court at Bandra be stayed
till the next date.”
4. On 3rd September 2026, the following order was passed :
“1. Heard Ms. Pooja Agarwal, learned Advocate for the Applicant.
She tenders a photostat copy of the affidavit of service dated
23rd September 2025. The same is taken on record and
marked "X" for identification.
2. Ms. Pooja Agarwal, learned Advocate for the Applicant, states
that despite her several attempts to contact the Applicant, the
same have been futile. She requests time till 10th September
2026 to make further attempts to contact the Applicant to
ascertain whether she is still interested in pursuing the request
made in the present Application.
3. At the request of Ms. Pooja Agarwal, learned Advocate for the
Applicant, list this matter on 10th September 2026.”
5. Ms. Pooja Agarwal, learned Advocate for the Applicant, submits that
the Respondent has been duly served in this matter. She relies on her
Affidavit of Service dated 23rd September 2025 at “X”.
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6. The Applicant – wife seeks transfer of the Divorce proceedings bearing
No. P.A. - 1301 of 2023, filed by the Respondent - husband before the Family
Court at Bandra, to the Family Court at Solapur. Ms. Pooja Agarwal, learned
Advocate for the Applicant submits that the Applicant is seeking transfer of
the Divorce proceedings bearing No. P.A. - 1301 of 2023 on three grounds.
(i) That, the Applicant is a homemaker with no source of income.
(ii) That the Applicant has filed proceedings against the Respondent
under Section 498-A of the IPC, along with other Sections of the
IPC, and another proceeding under the PWDVA Act bearing No.
11 of 2022 before the Judicial Magistrate First Class at Solapur,
which proceedings are prior to the Divorce proceedings filed by
the Respondent at Bandra. That the Respondent – husband has
engaged an Advocate to represent him in the said criminal
proceedings and the Respondent appears in the Court at
Solapur.
(iii) That the Applicant resides in the District of Solapur. The
distance from Solapur to Bandra is almost 400 km, which makes
it inconvenient for the Applicant to attend.
7. The name of the Respondent (Mr. Amol Anil Banpatte) was called out
by the Sheristedar of this Court. Neither the Respondent nor any Advocate for
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61-MCA-303-2025 (C).docx
the Respondent is present.
8. Perused the record.
9. In N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha 1, the Hon’ble
Supreme Court in paragraph No. 9, has been observed as follows:-
“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 to 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.”
10. Ms. Pooja Agarwal, learned Advocate for the Applicant, submits that
the Respondent, despite being served, has chosen to remain absent. The
statements in this Application and the submissions of Ms. Pooja Agarwal,
learned Advocate for the Applicant, remain unrebutted. It appears that the
Respondent is not interested in contesting the request for transfer of
proceedings.
1 2022 SCC OnLine SC 1199
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11. In view of the above circumstances and by accepting the Applicant's
contentions regarding the inconvenience and hardship, this Application is
allowed in terms of prayer clause (A). Consequently, Divorce proceedings
bearing No. P.A. - 1301 of 2023 filed by the Respondent – husband before the
Family Court at Bandra are withdrawn and transferred to the Family Court at
Solapur.
12. The Bombay High Court Legal Services Committee, Kolhapur Circuit
Bench, shall quantify and pay the legal fees payable under the Legal Aid
Scheme to Ms. Pooja Agarwal, learned Advocate for the Applicant, who has
appeared and represented the Applicant in this Misc. Civil Application.
13. The Misc. Civil Application No. 303 of 2025 is allowed.
[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.09.11
11:05:38
+0530
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