Yogita @ Seema Krushna BhadkeversusKrishna Dashrath Bhadke and Another

2026:BHC-AUG:15292
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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                       930 MISC.CIVIL APPLICATION NO. 304 OF 2025

                               Yogita @ Seema Krushna Bhadke
                                          VERSUS
                            Krishna Dashrath Bhadke And Another
                                             ...
            Mr. Ambad Shrinivas Abhimanyu, Advocate for Applicant
            Mr. Upendra A. Khekale, Advocate for non applicants.

                                 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   Hindu

            Marriage Petition No.952 of 2022 pending on the file of learned Civil

            Judge, Senior Division, Pune to the court of learned Civil Judge, Senior

            Division. Ambajogai, District Beed.


            3.       Admittedly, the marriage between the applicant and the non-

            applicant was solemnized on 07.05.2017 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 seven years.

            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

village Deola Tq. Ambajogai       District Beed. Thereafter, the non-

applicant filed proceedings bearing Hindu Marriage Petition        No.

Marriage Petition   No.952 of 2022 before the learned Civil Judge,

Senior Division, Pune seeking a decree of divorce.


4.       The learned counsel for the applicant canvassed that the

applicant is a housewife and residing with her parents at village Deola

Tq. Ambajogai alongwith her minor child.        The distance between

Ambajogai and Pune is about 275 kilometers. Therefore, it will be

inconvenient for the applicant to travel with a minor child and bear

the travelling expenses.

5.       In the case of N.C.V. Aishwarya Vs. A. S. Saravana Karthik

Sha (Civil Appeal No.4894/2022) decided by the Hon’ble Supreme

Court on 18.07.2022, in paragraph No.9, it is held that:


     “9. 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."



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           10.         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 by the Hon'ble Supreme Court in the

           above cited case, it is necessary to withdraw Hindu Marriage Petition

           No.952 of 2022 pending on the file of learned Civil Judge, Senior

           Division, Pune and transfer the same to the court of learned Civil

           Judge, Senior Division. Ambajogai, District Beed for disposal in

           accordance with law.

           11.   In view of the above discussions, following order is passed:
                                          ORDER

           (1)     Misc. Civil application is allowed.

           (2)    Hindu Marriage Petition No.952 of 2022 pending on the file of
                  learned Civil Judge, Senior Division, Pune is hereby transferred
                  to court of learned Civil Judge, Senior Division. Ambajogai,
                  District Beed for disposal in accordance with law.

           (3)    The Non applicant shall be at liberty to appear through Video
                  Conferencing facility, in case he is having difficulty to personally
                  appear before the .

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




                                                          ( Y. G. KHOBRAGADE, J. )
JPChavan




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