Bombay High Court

NETRA DYANESHWAR GIRMEversusDYANESHWAR ANKUSH GIRME

Disposal: Allowed
Bench: M M SATHAYE

Holding

The court ordered the transfer of the divorce petition to the Family Court at Pune, finding that the convenience of the parties justified the relocation.

Summary

The wife, Netra Dyaneshwar Girme, filed a miscellaneous civil application seeking transfer of the divorce petition filed by her husband, Dyaneshwar Ankush Girme, from the Civil Judge, Senior Division, Satara to the Family Court at Pune. She argued that she resides in Pune with two school‑going children, is employed, and the 110 km distance makes attending proceedings in Satara unduly inconvenient, especially during the children’s critical academic year. The husband, appearing in person, contended that the wife does not consent to divorce, that a transfer could prolong the litigation to his detriment, and noted his participation in a separate domestic‑violence case in Pune. The court noted that an earlier order dated 05‑01‑2023 had already transferred related proceedings under Section 9 of the Hindu Marriage Act on the basis of inconvenience. Considering the parties’ convenience and the stage of the petition, the court allowed the application and ordered the transfer of the divorce petition to the Pune Family Court for expeditious disposal.

Issues considered

Whether the divorce petition should be transferred from Satara to Pune on grounds of inconvenience to the wife.
Whether the transfer would prejudice the husband’s right to a speedy trial.

Legislation cited

Subjects

divorce
transfer of venue
Hindu Marriage Act
domestic violence
family court
convenience of parties
expedited disposal

Judgment

909-MCA-360-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
CIRCUIT BENCH AT KOLHAPUR
signed by
HUSENBASHA
HUSENBASHA RAHAMAN
CIVIL APPELLATE JURISDICTION
RAHAMAN NADAF
NADAF Date:
2026.04.08
MISCELLANEOUS CIVIL APPLICATION NO. 360 OF 2025
20:04:40
+0530

Netra Dyaneshwar Girme ....Applicant
V/S
Dyaneshwar Ankush Girme ....Respondent

***
Mr. Punit Gehi (through V.C.) for the Applicant.
Mr. Dyaneshwar Ankush Girame, Respondent-in-person is present.
***

CORAM : M.M. SATHAYE, J.
DATE : 8th APRIL, 2026
P.C. :

1. Heard learned Advocate for the Applicant-wife and the
Respondent-husband in person.

2. The application is filed by wife for divorce proceedings filed by
the Respondent-husband from the Court of Civil Judge, Senior
Division, Satara to Family Court at Pune.

3. It is submitted on behalf of Applicant-wife that she is staying at
Pune with 2 children, a daughter of about 19 years and son of 17
years. It is submitted that since the Applicant is serving, it is very
inconvenient to travel to Satara for attending the divorce
proceedings. It is further submitted that the distance between two
placed is about 110 km. It is urged that since the Applicant is
required to take care of the service and family including 2 young
children, it is inconvenient for her to travel to Satara for court-dates.

Husen 1
909-MCA-360-2025.doc

It is further stated that the children are in crucial academic year of
10th and 12th standard and therefore transfer as sought is necessary.
Reliance is placed on the order of this Court dated 05.01.2023 passed
in MCA/374/2022 by which the proceedings filed by Respondent-
husband under Section 9 of the Hindu Marriage Act, is already
transferred from Satara to Pune after holding that it is inconvenient
for the Applicant to attend proceedings at Satara.

4. On the other hand, the Respondent-husband appearing in
person submitted that the Applicant-wife is neither agreeing for
divorce nor cohabiting with him. He submitted that if proceedings are
transferred from Satara to Pune, there is likelihood that the
proceedings would take a long time and litigation will continue to his
prejudice. The Respondent-husband has fairly accepted that he is
attending the proceedings filed by the Respondent-wife under the
Protection Of Women From Domestic Violence Act, 2005
approximately once in a month at Pune.

5. Having heard learned advocate for the Applicant and
Respondent in person, and also considering that the convenience of
the parties are already considered by this Court under earlier order
dated 05.01.2023, in my view, case for transfer has been made out.

6. It is informed that the divorce petition is at the stage of filing
affidavit of evidence by Respondent-husband.

7. Accordingly, miscellaneous civil application is allowed by
passing following order:

Husen 2
909-MCA-360-2025.doc

(a) Marriage Petition No. 206/2024 is transferred from the Court
of Civil Judge, Senior Division, Satara to Family Court at Pune.

(b) Family Court at Pune is directed to hear and decide the said
divorce petition from the stage at which it is pending (at the time of
transfer) from Satara Court.

(c) Considering the stage of divorce petition, hearing of said
marriage petition is expedited. Both the parties are directed to co-
operate with the Court at Pune for expeditious disposal of the divorce
petition.

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

(M.M. SATHAYE, J.)

Husen 3

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