Bombay High Court

AMRUTA VIJAY KHORATversusVIJAY SHRAVAN KHORAT

Disposal: Disposed Off
Bench: M M SATHAYE

Holding

The court ordered that the marriage petition be transferred to the Karad court.

Summary

The wife (Applicant) sought transfer of a divorce petition filed by her husband (Respondent) from the Civil Judge Senior Division Court at Gadhinglaj to the Court at Karad, citing the distance of 136 km and her residence with her mother and minor son in Karad. Mediation between the parties was attempted but failed, and the Respondent did not appear or file a reply. The Applicant’s counsel argued that the transfer would be more convenient for her. The court noted the lack of opposition and the convenience factor, and consequently ordered the transfer of Marriage Petition No. 142 of 2024 to the Karad court. The order was corrected and signed on 11 March 2026.

Issues considered

Whether the marriage petition pending in Gadhinglaj should be transferred to the Civil Judge Senior Division Court at Karad on grounds of convenience and jurisdiction.

Subjects

divorce
restitution of conjugal rights
transfer of petition
jurisdiction
family law
mediation

Judgment

Corrected-6-MCA-348-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION

MISCELLANEOUS CIVIL APPLICATION NO. 348 OF 2025

Amruta Vijay Khorat … Applicant
Versus
Vijay Shravan Khorat … Respondent
***
Mr. Rushikesh Gajanan Patil a/w Vaishnavi Gaikwad for the Applicant.
None for the Respondent.
***
CORAM : M. M. SATHAYE, J.
DATE : 9th March, 2026.
P. C. :

1. Heard learned Counsel for the Applicant. None appears for the
Respondent despite service.

2. Record indicates that on 24.11.2025 in the presence of learned
Advocate for both sides, parties were sent for mediation. Thereafter, the
Mediation Report has been received stating that the Mediation was
unsuccessful. From the Mediation Report it appears that the parties appeared
before mediator, however, the dispute could not be resolved.

3. In such circumstances, under last order dated 05.03.2026 the matter is
kept today for disposal.

4. The Applicant is wife and Respondent is Husband. The Applicant is
residing at Banwadi Taluka-Karad, District-Satara. The Respondent is residing
at Gadhinglaj Dist-Kolhapur. The Respondent has filed Marriage Petition

This is corrected order, pursuant to speaking to the minutes of the order dated 11.03.2026.

Shubham 1
Corrected-6-MCA-348-2025.doc

seeking Divorce from the Applicant in the Court of Civil Judge Senior
Division, Gadhinglaj Dist-Kolhapur, which is sought to be transferred to the
Court of Civil Judge Senior Division Karad. The Applicant has filed
Application for restitution of conjugal rights in the Court at Karad.

5. Perused the Application.

6. It is submitted by learned Counsel for the Applicant that the Applicant
is residing with her mother with her son who is about 17 years old at
Banwadi Taluka-Karad, District-Satara.

7. The Applicant has stated in the Application that the distance between
the two places is about 136 kilometer and Applicant has to go to Gadhinglaj
Dist-Kolhapur along with mother. It is further stated that the Respondent is
working at Gadhinglaj Dist-Kolhapur. Perusal of the record indicates that
according to the Applicant the Respondent is in Government service.

8. Nobody is appearing for the Respondent. The Respondent has not filed
any reply to the Application opposing the same.

9. Considering the averments in the application and the apparent
convenience of the Applicant-Wife at Banwadi Taluka-Karad, District-Satara,
a case for transfer is made out.

10. The Application is accordingly allowed by directing that Marriage
Petition No. 142 of 2024 pending before the Court of Civil Judge, Senior
Division, Gadhinglaj be transferred to the Court of Civil Judge, Senior
Division, Karad, District – Satara.

This is corrected order, pursuant to speaking to the minutes of the order dated 11.03.2026.

Shubham 2
Corrected-6-MCA-348-2025.doc

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

[ M. M. SATHAYE, J. ]

Digitally
signed by
TALLE
TALLE SHUBHAM
SHUBHAM ASHOKRAO
ASHOKRAO Date:
2026.03.11
18:33:45
+0530

This is corrected order, pursuant to speaking to the minutes of the order dated 11.03.2026.

Shubham 3

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