Rupali Sandip PatsupeversusSandip Gopal Patsupe

                                                                         45-358-2025.docx


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

             MISCELLANEOUS CIVIL APPLICATION NO. 358 OF 2025

Rupali Sandip Patsupe                                 … Applicant
            Versus
Sandip Gopal Patsupe                                  … Respondent

                                    --------

Mr. Nikhil N. Pawar with Mr. Rajdeep Shitole and Ms. Mansi Patil
for the Applicant.

                                    --------

                               CORAM       :    ASHWIN D. BHOBE, J.

                               DATED       :    SEPTEMBER 3, 2026

P.C.:


1.      Heard Mr. Nikhil Pawar, learned Advocate for the Applicant.


2.      By this Application filed under Section 24 of the Code of Civil

Procedure, 1908, the Applicant (wife) is before this Court seeking the

following substantive relief:

        “a.    This Hon’ble Court may be pleased to transfer the Marriage Petition bearing
        No.1564 of 2025 pending before Ld. Civil Judge Sr. Division at Kalyan to the Civil
        Judge, Senior Division, Kolhapur.”



3.      On 21st August 2026, the following order was passed:




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      “1.     After the date in this Application was given, Mr. Rajdeep Shitole, learned
      Advocate for the Applicant, mentions, this matter before rising of the Court. In view
      of the request made by Mr. Rajdeep Shitole, this Application was taken up and this
      order is passed in continuation of the earlier order.

      2.     Notice was issued to the Respondents on 24.11.2025.

      3.      Mr. Rajdeep Shinde, learned Advocate for the Applicant states that he has
      served the Respondent by private notice. He therefore seeks leave to file Affidavit of
      service.

      4.      In view of the statement made by Mr. Rajdeep Shitole, learned Advocate for
      the Applicant, leave is granted to file Affidavit of service. Affidavit of service be filed
      in the Registry of this Court on or before 28.08.2026.

      5.     At the request of Rajdeep Shitole, learned Advocate for the Applicant, list
      this Application on 03.09.2026.

      6.     Interim order, if any granted earlier, to continue till the next date of
      hearing.”




4.    Mr. Nikhil Pawar, learned Advocate for the Applicant, states that the

affidavit of service dated 22 nd           February 2026 was filed online on 26 th

August 2026. He tenders a photostat copy of the affidavit dated 22 nd

February 2026, along with the annexures referred to therein. The same are

taken on record and marked “X-colly” for identification.


5.    The name of the Respondent is called out by the Court Sheristedar,

however, neither the Respondent nor any Advocate on behalf of the

Respondent is present.


6.    Mr. Nikhil Pawar, learned Advocate for the Applicant, states that the

Applicant is a homemaker responsible for her three-year-old minor daughter.


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He submits that the Applicant has no source of income and is dependent on

her parents for her and her minor daughter’s survival.


7.    Mr. Nikhil Pawar, learned Advocate for the Applicant, submits that the

request for transfer in this    Application is on two grounds: first, on the

ground of inconvenience, as Marriage Petition No. 1564 of 2025 is filed by

the Respondent at Kalyan, Mumbai, whereas the Applicant is a permanent

resident of Village Talsande, Taluka Hatkanangale, District Kolhapur, which is

almost 400 kilometres away; and second, that the Applicant has no source of

income to maintain herself and her daughter, which makes it difficult for her

to pursue and attend the proceedings before the Kalyan Court at Thane.


8.    Notice was issued to the Respondent on 24th November 2025 and the

proceedings before the Kalyan Court were stayed. Mr. Nikhil Pawar, learned

Advocate for the Applicant, states that the stay granted by this Court

continues to date.


9.    Mr. Nikhil Pawar, learned Advocate for the Applicant, has stated that

service on the Respondent is complete. The Respondent has chosen not to

appear despite service, which suggests that the Respondent is not interested

in contesting the Applicant's request for transfer in this Application.


10.   Perused records.




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11.      The Hon’ble Supreme Court, in the case of N.C.V. Aishwarya v. A.S.

Saravana Karthik Sha1, in paragraph 9, held 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 to 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.”


12.      The statements made by the Applicant in this Application and the

submissions of Mr. Nikhil Pawar, learned Advocate for the Applicant, before

this Court, remain unrebutted.


13.      Considering the difficulties, inconvenience and hardship expressed by

the Applicant, Miscellaneous Civil Application No. 358 of 2025 is allowed in

terms of prayer clause (a). Consequently, Marriage Petition No. 1564 of 2025,

pending before the Civil Judge, Senior Division, Kalyan, is withdrawn and

transferred to the Civil Court at Kolhapur, which has jurisdiction to try family

and marital matters.


14.      The Principal District Judge, Kolhapur, is requested to assign Marriage

Petition No. 1564 of 2025 to the Court at Kolhapur that has jurisdiction to

deal with marital and family matters.

1     2022 SCC OnLine SC 1199


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                 15.   The Applicant to produce a copy of this order before the Principal

                 District Judge at Kolhapur.


                 16.   Miscellaneous Civil Application No. 358 of 2025 stands disposed of.




                                                              (ASHWIN D. BHOBE, J.)


          Digitally
          signed by
          VAIBHAV
VAIBHAV   RAMESH
RAMESH    JADHAV
JADHAV    Date:
          2026.09.07
          10:36:20
          +0530




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