Sayli Wo Akshay PawarversusAkshay S/o Satish Pawar

                                  1                      951mca313.25



         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

            951 MISC.CIVIL APPLICATION NO. 313 OF 2025

                       SAYLI WO AKSHAY PAWAR
                                VERSUS
                      AKSHAY S/O SATISH PAWAR
                                    ...
     Advocate for Applicant : Mr. Ujwal Subhash Patil (through V.C.)
     Advocate for Respondent : Mr. V.C. Patil h/f Mr. P.B. Vikhe Patil
                                    …


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


1.          Heard the learned Counsel Mr. Ujwal Patil appearing for the

applicant through Video Conferencing and learned Counsel Mr. V.C.

Patil h/f. Mr. Vikhe Patil, appearing for the non-applicant, at length.


2.          By the present application, the applicant-wife seeks transfer

of matrimonial proceeding bearing Marriage Petition No. A1729 of 2025,

from the file of learned Family Court Pune, to the file of the learned Civil

Judge Senior Division Chalisgaon.


3.          Having regard to the submissions canvassed on behalf of

both the sides, I have gone through the application.


4.          It is a matter of record that on 18.01.2023 the marriage

between the applicant and the non applicant was solemnized at

Chalisgaon, as per the customs and rites prevailing in their society. It is

also not in dispute that out of the said wedlock the parties to the present
                                 2                     951mca313.25



application were blessed with a male child on 14.05.2024 and as on

today the said child is about one and half years old. It is a matter of

record that, the non-applicant is serving in private sector at Pune,

however, due to marital discord the applicant was compelled to stay at

her parental house at village Chalisgaon, District Jalgaon. The distance

between Jalgaon and Pune is more than 300 k.m. The non applicant has

instituted a petition bearing No. A-1729 of 2025 under Section 13 (1) of

the Hindu Marriage Act and praying for decree of dissolution of marriage.

Therefore, under these circumstances, if the applicant is compelled to

attend the proceeding before the Family Court, Pune, in that event,

certainly it would cause inconvenience to travel alongwith the minor

child. The applicant is facing financial problem. Not only this, but no

lodging and boarding facilities are available at Pune. The learned counsel

appearing 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
         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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5.             The learned Counsel for the applicant also relied upon the

case case of       Manoj s/o Dnyaneshwar Sattyavijay v. Rinku Manoj

Sattyavijay - 2025 DJLS (Bom.) 2615 , equivalent [2026 (1) Mh. L.J. 21.],

wherein it is held that

             “4) Having regard to the totality of the facts, I find the
             balance of convenience in favour of the husband. His
             responsibilities towards his two young children, his aged
             parents, and the management of his livelihood are such
             that directing him to contest the proceedings at Thane
             would cause substantial hardship. The wife, though
             semi-literate and financially constrained, has not
             demonstrated that travelling from Thane to Dhule is
             impossible. The only inconvenience for the wife would be
             the cost of travel, which stands adequately addressed by
             husband’s undertaking to reimburse all such expenses,
             including those of a companion travelling with her.
             In these circumstances, it would be appropriate that the
             proceedings be transferred from Thane Court to Dhule
             Court”.

6.             Therefore,   considering   the   above   cited   case   laws   as

aforesaid, it would be just and proper to withdraw the petition bearing

No. A-1729 of 2025 pending on the file of learned Family Court, Pune

and transfer the same to the file of the learned Civil Judge Senior

Division Chalisgaon, Taluka Chalisgaon, District Jalgaon for trial and

adjudication in accordance with the law.


7.             In view of the above, the application is allowed.


8.             This order be communicated to both the Courts.




                                          ( Y.G. KHOBRAGADE, J.)

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