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that the applicant’s hardship outweighed any inconvenience to the respondent, the court ordered the petition to be withdrawn from Mumbai and transferred to the Family Court, Sangli.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
- Code of Civil Procedure, 1908 — s. 24
Subjects
- Section 24 CPC
- transfer of suit
- family court jurisdiction
- wife's convenience
- matrimonial dispute
Judgment
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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
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Mr. Sunil Shivaji Kamble, for the Applicant.
Mr. Ranjeet H. Patil, for the Respondent.
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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
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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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