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Bombay High Court

SHITAL SAGAR KOKAREversusSAGAR VITHAL KOKARE

Disposal
Allowed

Holding

A suit may be transferred under Section 24 of the CPC when the ends of justice demand it, and in matrimonial matters the wife’s convenience is a decisive factor.

Summary

The applicant, Shital Sagar Kokare, sought transfer of a Hindu marriage petition (No. A‑2970 of 2024) filed by her husband and pending before the Family Court in Bandra, Mumbai, to the Family Court in Sangli, where she resides. The application was filed under Section 24 of the Code of Civil Procedure, 1908, on the ground of inconvenience, as the court was about 400 km from her residence and she had secured employment in Sangli. The respondent opposed, claiming no difficulty in appearing before the Mumbai court. The bench considered the principle that transfer under Section 24 should serve the ends of justice and gave weight to the wife’s convenience, citing the Supreme Court’s observations in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha. Finding that the applicant’s hardship outweighed any inconvenience to the respondent, the court ordered the petition to be withdrawn from Mumbai and transferred to the Family Court, Sangli. The application was consequently disposed of.

Issues considered

  • Whether a matrimonial proceeding pending before a Family Court may be transferred to another court under Section 24 of the CPC on the ground of inconvenience to the wife.

Legislation cited

Subjects

  • Section 24 CPC
  • transfer of suit
  • family court jurisdiction
  • wife's convenience
  • matrimonial dispute

Judgment

                                                                      1
                                                                                  933-MCA-365-2025 (C).DOC


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

                                                   CIVIL APPELLATE JURISDICTION

                                              MISC.CIVIL APPLICATION NO. 365 OF 2025

                            Shital Sagar Kokare                                       …...Applicant
                                   VERSUS
                            Sagar Vithal Kokare                                       …...Respondent

                                                                     ----


                            Mr. Sunil Shivaji Kamble, for the Applicant.
                            Mr. Ranjeet H. Patil, for the Respondent.
                                                                 -------

          Digitally
          signed by
          SHANTANU
                                                 CORAM       :   ASHWIN D. BHOBE, J.
SHANTANU SHANKARSA
SHANKARSA DHUDUM

                                                                 28th AUGUST, 2026.
DHUDUM    Date:
          2026.08.31
          20:55:33
          +0530
                                                 DATE        :
                            P.C.

                            1.          Heard, Mr. Sunil S. Kamble, learned Advocate for the Applicant

                            and Mr. Ranjeet H. Patil, learned Advocate for the Respondent.



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

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

                            relief:

                                   “(b). This Hon’ble Court may be pleased to transfer Marriage
                                        Petition No.-A.2970 of 2024 pending before the Hon’ble
                                        Family Court Bandra, mumbai to the Ld. Civil Judge, Senior
                                        Division Court, Islampur.”




                   Shantanu S. Dhudum
                                                2
                                                                 933-MCA-365-2025 (C).DOC


         3.          Mr. Sunil S. Kamble, learned Advocate for the Applicant, submits

         that the Applicant (wife) seeks the transfer of the Hindu Marriage Petition

         No. A-2970 of 2024, filed by the Respondent and pending before the

         Family Court, Bandra, Mumbai, to the Civil Judge, Senior Division,

         Islampur.



         4.          Mr. Sunil S. Kamble, learned Advocate for the Applicant, submits

         that the request for transfer is made on the ground of inconvenience

         caused to the Applicant in attending to and pursuing the Marriage Petition

         pending before the Family Court, Bandra, Mumbai, which is situated about

         400 km from Sangli, where the Applicant resides. He submits that the

         Applicant has secured a job in Sangli for her day-to-day survival. He

         submits that the request for transfer is on the ground of inconvenience

         caused to the Applicant (wife).



         5.          Mr. Ranjit H. Patil, learned Advocate for the Respondent, opposes

         the Applicant and submits that the Applicant would not face any difficulty

         in appearing before the Family Court at Bandra, Mumbai.



         6.          Perused the Records.



         7.          The Applicant's request for transfer is primarily on the ground of

         inconvenience. The Applicant resides in District Sangli, whereas the



Shantanu S. Dhudum
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                                                                  933-MCA-365-2025 (C).DOC


         proceeding is pending before the Family Court at Bandra, Mumbai, which

         is about 400 km away from Sangli. Considering the distance involved, the

         inconvenience caused to the Applicant in travelling to Bandra and pursuing

         the proceedings would be considerably greater than any inconvenience

         that may be caused to the Respondent if the proceeding is transferred to

         Sangli.



         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.           Mr. Sunil S. Kamble, learned Advocate for the Applicant, submits

         that as the Applicant resides at Kameri, Taluka Walwa, District Sangli, the

         Family Court in the District of Sangli, which is dealing with the

         1 2022 SCC OnLine SC 1199

Shantanu S. Dhudum
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                                                                 933-MCA-365-2025 (C).DOC


         matrimonial dispute, would be the appropriate forum for transfer of the

         Hindu Marriage Petition No. A-2970 of 2024. Mr. Ranjit H. Patil, learned

         Advocate for the Respondent, does not contest the said statement made by

         Mr. Sunil S. Kamble, learned Advocate for the Applicant.



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

         clause (b). Consequently, Hindu Marriage Petition No. A-2970 of 2024 is

         withdrawn from the Family Court, Bandra, Mumbai and transferred to the

         Family Court, Sangli.



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

         Marriage Petition No. A-2970 of 2024 to the Family Court, Sangli.




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

         Principal District Judge, Sangli.



         13.         Miscellaneous Civil Application No.365 of 2025 is disposed of.




                                                      ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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