Bombay High Court

SHALAKA W0 PRAVIN KAWALEversusPRAVIN RAGHUNATH KAWALE

Disposal: Rejected at Admission stage

Holding

The transfer application is rejected; no transfer of the marriage petition is ordered.

Summary

The wife filed an application seeking transfer of her divorce (Marriage Petition No. A‑296 of 2025) from the Family Court, Akola to the Civil Judge, Senior Division, Parbhani, asserting her residence is in Parbhani and that a restitution of conjugal rights petition pending in Parbhani should be decided together. The husband contested, showing that she is presently posted as a Sales Tax Officer in Akola and that the restitution petition had already been finally decided by the Parbhani court on 1 September 2024. The court examined the factual dispute regarding her current location and the status of the restitution petition. Finding that the wife is effectively residing/working in Akola and that the restitution matter is already disposed, the court held there was no basis to order a transfer. Consequently, the transfer application was rejected, though the court noted that a video‑conferencing appearance could be permitted if the wife applies.

Issues considered

Whether the marriage petition should be transferred from the Family Court, Akola to the Civil Judge, Senior Division, Parbhani.
Whether the existence and final disposal of a restitution of conjugal rights petition in Parbhani precludes transfer of the divorce petition.
Whether the applicant's current place of work/residence determines jurisdiction for the marriage petition.

Subjects

transfer of suit
marriage petition
restitution of conjugal rights
jurisdiction
family law
video conferencing

Judgment

2026:BHC-AUG:41769


                     IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                BENCH AT AURANGABAD

                       906 MISC.CIVIL APPLICATION NO. 344 OF 2025

                                 Shalaka W/0 Pravin Kawale
                                          VERSUS
                                  Pravin Raghunath Kawale
                                             ...
                   Advocate for Applicant : Mr. Parghane Madhukar Maroti
                 Advocate for Respondent : Mr. Kamal Anandani through VC.
                                             ...

                               CORAM       : ROHIT W. JOSHI, J.
                               Dated       : September 09, 2026

           PER COURT :-

           1.    The present petition is filed in order to seek transfer of Marriage

           Petition No. A-296 of 2025 from the Court of the Principal Judge, Family

           Court, Akola to the Court of the learned Civil Judge, Senior Division,

           Parbhani.



           2.    The applicant-wife has mentioned her address as Mahavir Nagar,

           Purna, Taluka Purna, District Parbhani. However, the respondent-

           husband has filed a reply stating that she is presently posted as a

           Sales Tax Officer at Akola. The learned advocate for the respondent

           draws attention to the summons served in the divorce petition on the

           applicant-wife at her office address at Akola in support of his

           contention that the applicant is presently posted at Akola.



           3.    In view of the aforesaid, there is no propriety in allowing the

           transfer application by ordering transfer of the marriage petition from

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                                                               906 MCA 344-2025



Akola to Parbhani.



4.     The other contention raised by the applicant is that a petition

for restitution of conjugal rights bearing Marriage Petition No. 32 of

2023 was filed before the Court of the learned Civil Judge, Senior

Division, Parbhani. It is stated that the restitution petition and

divorce petition should be decided together in order to avoid the

possibility of any conflicting decisions.



5.     The learned advocate for the respondent makes a statement

that the restitution petition filed by the applicant-wife came to be

allowed by the learned Civil Judge, Senior Division, Parbhani vide

judgment and decree dated 1st September 2024.



6.     In view of the statement made regarding final disposal of the

restitution petition, and having regard to the fact that the applicant-

wife is presently working at Akola, no case for seeking transfer of

Marriage Petition No. A-296 of 2025 from Akola to Parbhani is made

out.



7.     The application is, therefore, rejected.



8.     In the event the applicant - wife makes an application for

appearance     through    video-conferencing,     the   same     may       be

                                  Page 2 of 3
                                                               906 MCA 344-2025



considered favorably and permission to appear through video-

conferencing may be granted on such dates and at such stages as is

deemed appropriate by the learned           Principal Judge, Family Court,

Akola.




                                                  ( ROHIT W. JOSHI, J. )




vj gawade/-.




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