Bombay High Court

TEJAL YASH BOHARAversusYASH ANIL BOHARA

Disposal: Disposed Off
Bench: M M SATHAYE

Holding

The divorce petition is transferred to the Family Court at Ahmednagar as the applicant's medical condition and distance justify the transfer.

Summary

The wife (applicant) filed a miscellaneous civil application seeking transfer of the divorce petition filed by her husband from the Civil Judge, Senior Division, Ichalkaranji to the Family Court at Ahmednagar, invoking her severe medical condition (heterozygous pathogenic variants in GNC gene causing GNE Myopathy) and the 354 km distance between the courts. She also highlighted that maintenance proceedings under section 144 of the Bhartiya Nagrik Suraksha Sanhita, 2023 and a criminal complaint under section 498‑A of the Indian Penal Code were pending in Ahmednagar, making it convenient for her to have the divorce heard there. The husband (respondent) opposed the transfer, contending that the grounds were insufficient. The Court examined the medical report, accepted the admitted facts about her condition and the hardship of long travel, and held that the convenience of the wife justified the transfer. Accordingly, the Court ordered the divorce petition to be transferred to the Family Court at Ahmednagar and allowed the application, permitting the husband to appear via video‑conferencing where permitted.

Issues considered

Whether the applicant's medical condition and the distance between the courts constitute sufficient grounds to transfer divorce proceedings to another jurisdiction.
Whether the existence of pending maintenance and criminal proceedings influences the jurisdictional transfer of the divorce petition.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 144
Indian Penal Code, 1860 — s. 498-A

Subjects

divorce
transfer of jurisdiction
medical condition
distance hardship
Family Court
maintenance
section 498-A
BNSS 2023

Judgment

10-MCA-339-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS CIVIL APPLICATION NO.339 OF 2025

Tejal Yash Bohara … Applicant
Versus
Yash Anil Bohara … Respondent

***
Mr. Saurabh P. Tandale i/b Mr. Vijay Gundecha, for the Applicant.

Mr. Ishaan Kapese a/w Mr. Tejas Patil, for the Respondent.
Digitally signed
***
by SHAILAJA
SHAILAJA SHRIKANT
SHRIKANT HALKUDE
HALKUDE Date:
CORAM : M. M. SATHAYE, J.
2026.03.18
18:32:47 +0530
DATE : 18th MARCH, 2026.
P. C. :

1. Heard learned counsel for the parties.

2. The Applicant is wife who is seeking transfer of divorce proceedings
filed by Respondent-Husband from the court of Civil Judge, Senior Division,
Ichalkaranji, District Kolhapur to Family Court at Ahmednagar.

3. Inviting attention of the Court to various exhibits, learned counsel for
the Applicant submitted that the Application filed by the Applicant under
section 144 of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023 for
maintenance and the complaint under section 498-A of the Indian Penal Code
are pending at Ahmednagar. He submitted that the Applicant-wife suffers
from a medical condition which results into muscle weakness and atrophy for
which she is being treated at Ahmednagar, amongst other places. He further
submitted that the Applicant is a housewife who is presently staying with her

Shailaja 1
10-MCA-339-2025.doc

parents at Ahmednagar. He further submitted that the distance between two
places is about 354 kms requiring overnight and long journey which is very
difficult to undertake for the Applicant, considering her medical condition.
For all these reasons, transfer is prayed for.

4. Learned counsel for the Respondent opposed the Application
contending, inter alia, that sufficient grounds are not made out. No reply is
filed.

5. I have perused the record. In paragraph 4 of Marriage Petition itself,
filed by Respondent-husband seeking divorce, medical condition of the
Applicant is described. It is stated that in December, 2022, the Applicant-wife
seriously suffered pain in her legs and was not even able to stand on her legs
and move anywhere. It is stated that on medical investigation, a report has
been received showing that the Applicant-wife is diagnosed with two
heterozygous pathogenic variants in GNC Gene(AD/AR) and GNE
Myopathy/Nonaka Myopathy.

6. It is not seriously disputed that the Applicant is a housewife. The
medical condition appears to be admitted position.

7. Considering the aforesaid facts and circumstances and admitted
distance between the two places, which obviously will require long and/or
overnight travels for the wife, consideration of convenience tilts in favour of
wife. Therefore, case for transfer is made out.

8. The Application is allowed. Marriage Petition No.36 of 2025 pending
before Civil Judge, Senior Division, Ichalkaranji, District Kolhapur is

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10-MCA-339-2025.doc

transferred to Family Court at Ahmednagar for decision in accordance with
law.

9. The Respondent-husband shall be at liberty to appear through video
conferencing, whenever permitted by the Family Court at Ahmednagar.

10. Miscellaneous Civil Application is disposed of in the aforesaid terms.

11. All concerned to act on duly authenticated or digitally signed copy of
this order.

[ M. M. SATHAYE, J. ]

Shailaja 3

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