ARCHANA SUNIL KHOKLEversusSUNIL MUNDAJIRAO KHOKLE

                                                             911-MCA-317-2024 (C).docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR

                       CIVIL APPELLATE JURISDICTION

                  MISC.CIVIL APPLICATION NO. 317 OF 2024

Archana Sunil Khokle                                      … Applicant
                    Versus
Sunil Mundajirao Khokle                                   … Respondent


                                     ----
Mr. Kuldeep U. Nikam for the Applicant.
                                   -------

                                  Coram :          ASHWIN D. BHOBE, J.

                                  Date         :   28th August 2026.

PER COURT :


1.    Heard Mr. Kuldeep Nikam, learned Advocate for the Applicant.


2.    By the present Application filed under Section 24 of the Civil Procedure

Code 1908, the Applicant has sought the following substantive relief in

prayer clasue :


       “(a) This Hon'ble Court may be pleased to transfer the Hindu
       Marriage Petition No. 47 of 2020 filed by the Respondent before
       the Ld. C.J.S.D., Vasmath, District: Hingoli to the Court of Ld.
       C.J.S.D., Sangli at Sangli.”




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3.    Mr. Kuldeep Nikam, learned Advocate for the Applicant, states that

notice to the Respondent was initially issued in this Application on 23 rd July

2024, and ad-interim relief in terms of prayer clause (b) was granted. He

submits that the notice to the Respondent was duly served on 1 st August

2024. He further submits that upon transfer of this Application to the Circuit

Bench at Kolhapur, a fresh notice was issued on 9 th April 2026, which was

also served on the Respondent. He submits that the service on the

Respondent in this Application is complete and that the Respondent has

willfully chosen not to appear.


4.    The Office Note dated 13th August 2026 reads thus :

       “1]   MCA FILED THROUGH E-FILING AND PHOTOCOPY IS KEPT HEREWITH.
       2]    AS PER BAILIFF REPORT DATED 07/05/2026 NOTICE DULY SERVED ON SOLE
             RESPONDENT.
       3]    CONT. STAY WRIT PUT UP TO LOWER COURT.”



5.    The name of the Respondent, Sunil Mundajirao Khokle, was called out

by the Sheristedar. Neither the Respondent nor any Advocate for the

Respondent was present, either physically or via V.C. mode.


6.    Mr. Kuldeep Nikam, learned Advocate for the Applicant, submits that

the Applicant (wife) is a resident of Jath, District Sangli and is presently

employed as a Gramsevak. He submits that the Applicant and the Respondent

(husband) have a minor child aged 6 years, born out of wedlock, who is with



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the Applicant. He submits that the Respondent has filed Hindu Marriage

Petition No. 47 of 2020 at Vasmath, District Hingoli, i.e. about 400 kms. from

the Applicant's place of abode at Jath, District Sangli. He submits that the

request for transfer is made due to the inconvenience caused to the

Applicant, in view of her job responsibilities, including the responsibility of a

minor son, to travel from Sangli District to Hingoli District.


7.       The Respondent has chosen to remain absent despite being served with

notice of this Application. Thus, it appears that the Respondent is not

interested in contesting the Applicant's request for transfer.


8.       In the case of N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha 1, in para

No. 9, it has been observed as under:-

          “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-



1     2022 SCC OnLine SC 1199


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                              economic paradigm in the Indian society, generally, it is the wife’s
                              convenience which must be looked at while considering transfer.”


                       9.     In view of the statements in this Application and the fact that the

                       Respondent has chosen to remain absent despite being served, the submission

                       made by Mr. Kuldeep Nikam, learned Advocate for the Applicant, remains un-

                       rebutted. Accordingly, this Application is allowed in terms of the prayer

                       clause (a).


                       10.    Consequently, Hindu Marriage Petition No. 47 of 2020, filed by the

                       Respondent, is withdrawn from the Court of the Civil Judge Senior Division,

                       Vasmath, District Hingoli and transferred to the Court of the Civil Judge

                       Senior Division, Sangli, which has jurisdiction to try family and marital

                       disputes.


                       11.    The Principal District Judge, Sangli is requested to assign the Hindu

                       Marriage Petition No. 47 of 2020 to the Court at Sangli having jurisdiction to

                       try family and marital disputes.


                       12.    Mr. Kuldeep Nikam, learned Advocate for the Applicant, states that the

                       copy of this order would be placed before the Principal District Judge, Sangli.



           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR
SHIVAHAR
           KUMBHAKARN                                              [ ASHWIN D. BHOBE, J. ]
KUMBHAKARN Date:
           2026.08.31
           12:16:42
           +0530



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