Bombay High Court
VRUSHALI RAKESH MOREversusRAKESH BHIMRAO MORE
- Disposal
- Allowed
Holding
The transfer of Hindu Marriage Petition No. 237 of 2023 to the Civil Judge, Senior Division, Ichalkaranji is ordered as the applicant’s convenience warrants it under Section 24 CPC.
Summary
The applicant, Vrushali Rakesh More, a resident of Hupari in Kolhapur district, filed a miscellaneous civil application under Section 24 of the Code of Civil Procedure seeking the transfer of the Hindu Marriage Petition No. 237 of 2023, originally filed in Vita, Sangli, to the Civil Judge’s court at Ichalkaranji, Kolhapur, citing inconvenience. The respondent, Rakesh Bhimrao More, opposed the transfer, arguing that the applicant could appear in Vita without difficulty. The court examined the submissions and relied on the principle articulated in N.C.V. Aishwarya v. A.S. Saravana Karthik (2022 SCC OnLine SC 1199), which emphasizes that in matrimonial matters the wife’s convenience is a paramount consideration. Applying this principle, the bench held that the ends of justice demanded the transfer. Consequently, the application was allowed, the petition was withdrawn from Vita and ordered to be transferred to Ichalkaranji, and the matter was disposed.
Issues considered
- Whether the Hindu Marriage Petition may be transferred from Vita to Ichalkaranji under Section 24 of the Code of Civil Procedure on the ground of the applicant’s inconvenience
- Whether the respondent’s objection that the applicant can appear in Vita defeats the request for transfer
Legislation cited
- Code of Civil Procedure, 1908 — s. 24
Subjects
- Section 24 CPC
- transfer of suit
- matrimonial dispute
- legal aid
- inconvenience
- Hindu Marriage Petition
- wife’s convenience
Judgment
1
927-MCA-351-2025 (C).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
MISC.CIVIL APPLICATION NO. 351 OF 2025
Vrushali Rakesh More …...Applicant
VERSUS
Rakesh Bhimrao More …...Respondent
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Ms. Anjani S. Patankar, Appointed Advocate for the Applicant (Through
Legal Aid).
Mr. Sriprasad Patil, for Respondent.
-------
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
CORAM : ASHWIN D. BHOBE, J.
2026.08.31
20:55:33
+0530
DATE : 28th AUGUST, 2026.
P.C.
1. By order dated 17th December, 2025, Ms. Kavita Vilas Kamble
was appointed to represent the Applicant under the Legal Aid Scheme.
When this Application was called out, neither Ms. Kavita Vilas Kamble nor
the Applicant was present, either in Court or through V.C. mode.
2. Considering that the present transfer Application has been
pending since the year 2025, Ms. Anjani S. Patankar is appointed to
represent the Applicant under the Legal Aid Scheme. A soft copy of this
Application was furnished to Ms. Anjani S. Patankar, who requested a keep
back to study the request made in this Application. After some time, at the
request of Ms. Anjani S. Patankar, this matter was taken out.
Shantanu S. Dhudum
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927-MCA-351-2025 (C).DOC
3. Heard, Ms. Anjani S. Patankar, learned Advocate for the
Applicant and Mr. Sriprasad Patio, learned Advocate for Respondent.
4. By this Application filed under Section 24 of the Code of Civil
Procedure, 1908, the Applicant (wife) has sought the following substantial
relief:
“(a) The record and proceedings of the Hindu Marriage Petition
No.237 of 2023 filed by the Respondent before the Court of
the Ld. Civil Judge, Senior Division, Vita (District: Sangli)
be transferred to the Ld. Civil Judge, Senior Division,
Ichalkaranji (District-Kolhapur).”
5. Ms. Anjani S. Patankar, learned Advocate for the Applicant,
submits that the Applicant seeks the transfer of Hindu Marriage Petition
No. 237 of 2023 from the Civil Judge, Senior Division, Vita, District Sangli,
to the Civil Judge, Senior Division, Ichalkaranji, on the ground of
inconvenience caused to the Applicant. She further submits that the
Applicant is a resident of Hupari, Tal. Hatkanangle, District Kolhapur and
that the nearest Court to her would be the Civil Judge, Senior Division,
Ichalkaranji, District Kolhapur.
6. Mr. Sriprasad Patil, learned Advocate for the Respondent,
submits that no case is made out for transfer of the petition. He further
submits that the Applicant can conveniently appear before the Court at
Vita, Sangli on the dates fixed in the matter.
Shantanu S. Dhudum
3
927-MCA-351-2025 (C).DOC
7. Perused the record.
8. In the case of N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha 1, in
para 9, it has been observed as under:-
“9. 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 of life. Given the
prevailing socio-economic paradigm in the Indian society,
generally,it is the wife’s convenience which must be looked at
while considering transfer.”
9. Considering the statements made in this Application and the
submissions advanced by Ms. Anjani S. Patankar, learned Advocate for the
Applicant, particularly the ground of inconvenience to the Applicant, the
request for transfer of the Hindu Marriage Petition No. 237 of 2023 from
the Civil Judge, Senior Division, Vita, District Sangli, to the Civil Judge,
Senior Division, Ichalkaranji, is allowed.
1 2022 SCC OnLine SC 1199
Shantanu S. Dhudum
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927-MCA-351-2025 (C).DOC
10. This Application is allowed under prayer clause (a).
Consequently, the Hindu Marriage Petition No. 237 of 2023, filed by the
Respondent, is withdrawn from the Civil Judge, Senior Division, Vita,
District Sangli and transferred to the Civil Court at Ichalkaranji, District
Kolhapur.
11. The Principal District Judge, Kolhapur is requested to assign
Hindu Marriage Petition No.237 of 2023 to the Court having jurisdiction to
decide the matrimonial dispute at Ichalkaranji, District Kolhapur.
12. The Applicant shall produce a copy of this order before the
learned Principal District Judge, Kolhapur.
13. The Bombay High Court Legal Services Committee, Kolhapur
Circuit Bench, shall quantify and pay the legal fees payable under the Legal
Aid Scheme to Advocate Ms. Anjani S. Patankar, who has appeared and
represented Applicant in this Application.
14. Miscellaneous Civil Application No.351 of 2025 is disposed of.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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