Shital Mangesh Ahire Alias Shital D/o Panditrao MahaleversusMangesh Ambadas Ahire

                                 1                     950mca312.25



          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD

             950 MISC.CIVIL APPLICATION NO. 312 OF 2025

     SHITAL MANGESH AHIRE ALIAS SHITAL D/O PANDITRAO MAHALE
                             VERSUS
                    MANGESH AMBADAS AHIRE

                                     ...
           Advocate for Applicant : Mr. Menezes Joslyn Anthony
                                     …


                              CORAM : Y.G. KHOBRAGADE, J.
                              DATE : 28.01.2026
PER COURT :


1.          Heard the learned Counsel Mr. Anthony, appearing for the

applicant at length.



2.          Though the learned counsel Mr. Vijay Shivaji Wakale filed

his Vakalatnama on behalf of the non applicant, but he has failed to

appear.



3.          By the present application, the applicant-wife prays for

transfer of matrimonial proceeding i. e. Hindu Marriage Petition No. 93 of

2025, filed by the non applicant-husband, which is pending on the file of

learned Civil Judge Senior Division, Malegaon, to the file of learned

Family Court, Aurangabad, District Aurangabad.



4.          It is the contention of the applicant-wife that their marriage
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was solemnized with respondent/non-applicant in the year 2005 at

Kannad, District Aurangabad. Out of the said wedlock they are blessed

with two issues i.e. daughter Gargi and son Arnav. The non applicant

and his family members harassed her and doubted her chastity.

Ultimately, she preferred Hindu Marriage Petition bearing No. A-397 of

2023 at Family Court at Aurangabad.



5.          The   distance   between    Aurangabad    and   Malegaon   is

approximately 160 Kms. The applicant submits that the applicant is

having two children and she has to take care of them and therefore, she

is facing inconvenience to travel from Aurangabad to Malegaon with

minor children to attend the said proceeding. She is also in financial

crisis and is unable to incur expenses. However, if she attends the

proceeding at Malegaon, in that event she would face lodging and

boarding problem there.


6.          Inspite of service, the non applicant has not resisted the

present application for transfer.



7.          The learned counsel for the applicant relied upon the case of

NCV Aishwarya Vs. A.S. Sarvana Karthik Sha -2022, SCC Online SC

1199, wherein, it has been 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
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             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. ”


8.             Therefore, considering the above cited case law, it would be

just and proper to withdraw the Hindu Marriage Petition No. 93 of 2025,

from the file of learned Civil Judge Senior Division, Malegaon and

transfer it to the file of learned Family Court, Aurangabad.



9.             In view of the above discussion, the present application is

allowed.



10.            The Hindu Marriage Petition No. 93 of 2025, pending on the

file of learned Family Court, Malegaon, is hereby withdrawn and

transferred to the file of learned Family Court, Aurangabad, District

Aurangabad for trial and disposal according to the law.



11.            This order be communicated to both the Courts.



                                        ( Y.G. KHOBRAGADE, J.)

mahajansb/