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Bombay High Court

PRIYANKA DAWANE ALIAS PRIYANKA TAUSIF PATHANversusTOUSIF BABA PATHAN

Decided
Disposal
Allowed

Holding

The divorce petition pending before the Family Court, Pune is to be transferred to the Family Court, Thane.

Summary

The applicant, Priyanka Dawane, residing in Thane with her eight‑year‑old daughter, filed a miscellaneous civil application seeking transfer of her divorce petition from the Family Court, Pune to the Family Court, Thane, citing inconvenience due to the 160 km distance and a pending interim maintenance application. The respondent, Tausif Baba Pathan, refused service of the notice, prompting the court to note his avoidance of service. Relying on the Supreme Court’s decision in N.C.V. Aishwarya v. A.S. Sarvana Karthik Sha, the court emphasized that the wife’s convenience is a paramount consideration in transfer matters under Section 24 of the CPC. Considering the applicant’s residence, the pending maintenance issue, and the respondent’s non‑cooperation, the court found that justice demanded the transfer. Consequently, the application was allowed and the divorce proceedings were ordered to be transferred to the Family Court, Thane within four weeks, with the interim maintenance matter to be heard expeditiously there.

Issues considered

  • The appropriateness of transferring a matrimonial proceeding under Section 24 of the CPC considering the wife’s convenience
  • Whether the respondent’s refusal to accept service affects the court’s discretion to order transfer

Legislation cited

Subjects

  • transfer of suit
  • matrimonial jurisdiction
  • wife's convenience
  • interim maintenance
  • service of notice
  • Family Court
  • Section 24 CPC
  • civil procedure

Judgment

                                                                          3. MCA 309-2025.doc

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                           MISCELLANEOUS CIVIL APPLICATION NO. 309 OF 2025


ANAND
                  Priyanka Dawane alias Priyanka Tausif Pathan              ..Applicant

SUDHAKAR                  Versus
SUDAME
                  Tausif Baba Pathan                                        ..Respondent

                  Mr. Amol B. Jagtap, Advocate, for the Applicant
Digitally signed
by ANAND                        CORAM : RAJESH S. PATIL, J.
SUDHAKAR
SUDAME
                                DATE     : 17.01.2026
Date: 2026.01.20 P. C.
17:58:02 +0530
                  1.      On 21.11.2025, the following order was passed in the present

                  proceeding which reads as under :-

                          “1) By the present transfer proceeding the applicant is
                          seeking transfer of the divorce petition filed by the
                          respondent-husband before the Family Court, Pune to the
                          Family Court at Thane.

                          2)     It is submitted before me that the applicant is
                          staying at Thane alongwith her 8 years old daughter. It is
                          further submitted that interim maintenance application
                          filed in the divorce proceeding is pending for hearing.

                          3)    It is further submitted that it will be inconvenient
                          for the applicant to attend the court proceedings at Pune
                          which is around 160 kms from her residence at Thane.

                          4)    Though, there is an affidavit of service filed by the
                          applicant to prove that the respondent has been duly
                          served, court remark shows that the service report is
                          awaited.

                          5)    In order to give one more chance to the respondent
                          to attend the court proceedings, an adjournment is
                          granted today.
                  Anand                           1 of 3
                                                         3. MCA 309-2025.doc


        6)    Stand over to 8 December, 2025.

        7)    In the meantime, ad-interim relief which was
        granted on the earlier occasion, stands extended till
        further orders.

        8)    The applicant is permitted to once again serve a
        notice upon the respondent alongwith copy of this order
        and file affidavit of service.”

2.      Pursuant to the directions issued by this Court, the Applicant

herself has made an attempt to serve a copy of the MCA on the

Respondent. An Affidavit of service dated 16.01.2026 has been

tendered by the Applicant which states that the Respondent has refused

service of the packet containing a copy of the MCA.

3.      Having perused the Affidavit of service dated 16.01.2026 and

considering earlier Affidavit of service filed by the Applicant, I am

convinced that the Respondent is avoiding service of the MCA.

4.      The Supreme Court in the case of N. C. V. Aishwarya vs. A. S.

Sarvana Karthik Sha, reported in 2022 SCC OnLine SC 1199 has held

that while deciding transfer proceedings, convenience of the wife has

to be taken into consideration. Paragraph 9 of the said Judgment reads

as under :-

        “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 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
Anand                            2 of 3
                                                        3. MCA 309-2025.doc

        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.”

                                              (emphasis supplied)

5.      Considering facts of the present case, wherein the Applicant -

wife is staying at Thane along with her minor daughter. She has filed

an Interim Maintenance Application which is pending for hearing. The

distance between Pune and Thane is around 160 Km and also

considering the law as laid down by the Supreme Court in the case of

N. C. V. Aishwarya (Supra), I am convinced that this MCA requires to

be allowed.

6.      The Miscellaneous Civil Application stands allowed in terms of

prayer clause (a).

7.      The proceeding, being PA No. 1111 of 2022 pending before the

Family Court, Pune be transferred to the Family Court, Thane within a

period of four weeks from today.

8.      The Interim Maintenance Application pending in the divorce

proceeding be heard expeditiously by the Family Court, Thane after the

divorce proceedings are transferred to it.



                                                   (RAJESH S. PATIL, J.)
Anand                           3 of 3


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