Created by Fuzzy Cloud

Bombay High Court

ARCHANA RAJESH DESAIversusRAJESH RAVSHAHEB DESAI

Disposal
Allowed

Holding

The transfer of the Hindu Marriage Petition to the Family Court, Sangli is justified and ordered.

Summary

The applicant, a homemaker residing in Sangli with a minor child, filed a miscellaneous civil application under Section 24 of the Code of Civil Procedure seeking transfer of Hindu Marriage Petition No. A‑45 of 2024 from the Civil Judge, Senior Division, Kalyan (Thane) to the Family Court, Sangli. The respondent, a practising advocate, failed to appear despite being served notice both regularly and privately. The court noted the applicant's lack of independent income, the 300+ km distance to the original court, and the financial and logistical hardship she would face. Relying on the principle that the ends of justice demand transfer in matrimonial matters, and citing N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, the court held that the applicant’s convenience and economic soundness warranted relocation. Consequently, the petition was withdrawn from Kalyan and transferred to the Family Court, Sangli, and the application was disposed.

Issues considered

  • Whether the Hindu Marriage Petition pending before the Civil Judge, Senior Division, Kalyan should be transferred to the Family Court, Sangli under Section 24 of the CPC considering the applicant's financial constraints and inconvenience.

Legislation cited

Subjects

  • Section 24 CPC
  • transfer of suit
  • matrimonial jurisdiction
  • family court
  • financial hardship
  • convenience of parties
  • Hindu Marriage Petition

Judgment

                                                                     1
                                                                                         931-MCA-362-2025 (C).DOC


                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIRCUIT BENCH AT KOLHAPUR

                                                    CIVIL APPELLATE JURISDICTION

                                              MISC.CIVIL APPLICATION NO. 362 OF 2025

                            Archana Rajesh Desai                                           …...Applicant
                                  VERSUS
                            Rajesh Ravshaheb Desai                                          …...Respondent

                                                                    ----


                            Ms. Preetam D. Raje a/w Adv. Shama Mulla, for Applicant.
                                                                   -------


                                                  CORAM        :   ASHWIN D. BHOBE, J.
          Digitally
          signed by
          SHANTANU
                                                  DATE         :   28th AUGUST, 2026.
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM    Date:
          2026.08.31
          20:55:33
          +0530
                            P.C.

                            1.           Heard Ms. Preetam D. Raje, learned Advocate for the Applicant.



                            2.           By the present Application filed under Section 24 of the Code of

                            Civil Procedure, 1908, the Applicant has sought the following substantial

                            relief:

                                   “a. The record and proceeding of Petition (A) No.45 of 2024
                                        filed by the Respondent before the Learned Civil Judge
                                        Senior Division Kalyan, Thane may kindly be transferred to
                                        the Ld. Family Court Sangli, District Sangli.”




                            3.           On 3rd July, 2026, the following order was passed:

                                           “1. The office note shows that the sole Respondent has been
                                               served through his sister-in-law. However, none appears for


                   Shantanu S. Dhudum
                                                   2
                                                                      931-MCA-362-2025 (C).DOC


                          the sole Respondent. The trial has been stayed by the order
                          of this Court. Hence, issue fresh notice to the sole
                          Respondent, returnable on 17.07.2026.
                       2. Learned counsel for the Applicant seeks permission to serve
                          the sole Respondent by private service, in addition to the
                          regular mode of service.
                       3. Permission is granted.
                       4. The Applicant shall serve the sole Respondent by private
                          service and shall file an affidavit of service on or before the
                          next date of hearing.
                       5. Stand over to 17.07.2026.
                       6. Interim relief to continue till the next date of hearing.”



         4.          Ms. Preetam D. Raje, learned Advocate for the Applicant, states

         that pursuant to the order dated 3 rd July, 2026, the Affidavit of Service

         dated 17th July, 2026, has been filed, stating that the private notice issued

         to the Respondent has been duly served.



         5.          The Office Note dated 14th August, 2026 read thus:

                     “1) MCA filed through E-filing and photocopy is kept herewith.
                     2) As per Circular dated 18/06/2021, MCA is numbered.
                     3) As per Court’s Order dated 05/03/2026 Fresh Notice served
                         to sole Respondent, through his Sister-in-Law.
                     4) Cont. Writ put up to Lower Court.
                     5) As per Court’s Order dated 03/07/2026 fresh notice issued to
                         the Sole Respondent, received duly served.
                     6) Adv. For Applicant has tendered Affidavit of Service in Court
                         on 17/07/2026 is kept at flag “A”.”




Shantanu S. Dhudum
                                               3
                                                               931-MCA-362-2025 (C).DOC


         6.          Ms. Preetam D. Raje, learned Advocate for the Applicant,

         submits that the Applicant (wife) is a homemaker with no independent

         source of income. She further submits that the Applicant is residing in

         District Sangli with her minor child, aged about 13 years. She submits that

         the distance from District Sangli to Kalyan Thane is more than 300 kms.

         She further submits that, due to financial constraints and inconvenience,

         the Applicant seeks transfer of Hindu Marriage Petition No. A-45 of 2024,

         pending before the Civil Judge, Senior Division, Kalyan, Thane, to the

         Family Court, Sangli, District Sangli, where the Applicant is presently

         residing.



         7.          Ms. Preetam D. Raje, learned Advocate for the Applicant, states

         that the Respondent is a practising Advocate. She submits that despite

         having been served twice with the notice issued in this Application,

         including through private notice, the Respondent has willfully chosen not

         to appear before this Court. She relies on the affidavit of service to submit

         that the Respondent is served in this Application.




         8.          The name of the Respondent, namely, Rajesh Ravshaheb Desai,

         was called out by the Court Sheristedar. However, neither the Applicant nor

         any Advocate appeared on behalf of the Respondent. It, therefore, appears

         that the Respondent is not interested in contesting the request made by the

         Applicant in this Application.

Shantanu S. Dhudum
                                                 4
                                                                   931-MCA-362-2025 (C).DOC




         9.           Considering the statements made in the Application and the un-

         rebutted submissions made by Ms. Preetam D. Raje on behalf of the

         Applicant, particularly the inconvenience and financial constraints faced by

         the Applicant (wife), who has no source of income and is responsible for

         the maintenance and care of the minor daughter, in attending the

         proceedings before the Civil Judge, Senior Division, Kalyan, Thane, a case

         is made out for transfer of the proceedings from the Civil Judge, Senior

         Division, Kalyan, to the Family Court, District Sangli.



         10.           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



         1 2022 SCC OnLine SC 1199

Shantanu S. Dhudum
                                                5
                                                                 931-MCA-362-2025 (C).DOC


                     wife’s convenience which must be looked at while considering
                     transfer.”




         11.         In view of the above, the Application is allowed as prayed for in

         clause (a). Consequently, Hindu Marriage Petition No. A-45 of 2024,

         pending before the Civil Judge, Senior Division, Kalyan, District Thane, is

         hereby withdrawn and transferred to the Family Court, Sangli.



         12.         The Principal District Judge, Sangli, is requested to assign Hindu

         Marriage Petition No. A-45 of 2024 to the Family Court, District Sangli.




         13.         The Applicant shall place a copy of this order before the

         Principal District Judge, Sangli.


         14.         Miscellaneous Civil Application No.362 of 2025 is disposed of.




                                                      ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.