Bombay High Court

Gayatri Rahul ThombareversusRahul Sajan Thombare

Disposal: Rejected at Admission stage

Holding

The court held that no case for transfer of the marriage petition was made out and dismissed the application.

Summary

The applicant, a wife, filed a miscellaneous civil application seeking the transfer of her marriage petition (H.M.P. No. 156 of 2025) from the Civil Judge Senior Division, Gangapur, to the Family Court at Aurangabad. She cited the 40 km distance, her poor financial condition, and the lack of family support for travel as reasons. The court examined these grounds and held that the distance and financial hardship alone did not justify a transfer of the marriage petition. Consequently, the application for transfer was rejected. The court directed the applicant to approach the trial court for directions on travel expenses and suggested that she could request to appear via video‑conferencing.

Issues considered

What is the appropriate criterion for transferring a marriage petition from one court to another?
Does a distance of about 40 km combined with the applicant's financial hardship constitute sufficient ground for transfer?

Subjects

transfer of suit
family court
marriage petition
jurisdiction
financial hardship
video conferencing

Judgment

2026:BHC-AUG:45911




                                              1                          11 mca 320.25

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                         MISC. CIVIL APPLICATION NO. 320 OF 2025

                        Gayatri Rahul Thombare                    ..   Applicant

                             Versus

                        Rahul Sajan Thombare                      ..   Respondent

                 Shri Sopan P. Bhadge, Advocate for the Petitioner.
                 The Respondent sole is served.

                                   CORAM : ROHIT W. JOSHI, J.
                                    DATE : 30TH SEPTEMBER, 2026.

                 ORDER :


                 .      Present application is filed seeking transfer of H.M.P. No.
                 156 of 2025 from the Court of learned Civil Judge Senior
                 Division, Gangapur to the Family Court at Aurangabad.


                 2.     The distance between two places is around 40 K.M. Except
                 poor financial condition and there is nobody in the family to
                 accompany the applicant to travel from Aurangabad to
                 Gangapur, no other reason is cited for seeking transfer of the
                 petition.


                 3.     In the considered view of this Court and having regard to
                 the distance between two places, no case for transfer of marriage
                 petition is made out. Misc. civil application is rejected.
                            2                          11 mca 320.25

4.    It will be open for the applicant to move appropriate
application before the Trial Court seeking direction to provide for
traveling and other expenses for attending the proceedings.


5.    Learned Civil Judge Senior Division, Gangapur is also
requested to permit the applicant – wife to appear through video
conferencing on such dates and at such stages as may be deemed
proper.

                                   [ROHIT W. JOSHI, J.]


bsb/Sept. 26

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