MRS. PRANITA PRUTHVIRAJ RATHOD BEFORE MARRIAGE PRANITA WAGHCHOUREversusMR. PRUTHVIRAJ RAMESH RATHOD

                                                      29. MCA 37-2026.doc


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

         MISCELLANEOUS CIVIL APPLICATION NO. 37 OF 2026

Pranita Pruthviraj Rathod                              ..Applicant

           Versus

Pruthviraj Ramesh Rathod                               ..Respondent

None present

                         CORAM : RAJESH S. PATIL, J.

                         DATE       : 25.06.2026
P. C.

1.      By the present transfer Application, the Applicant, who is the

wife of the Respondent is seeking transfer of the divorce proceeding

filed by the Respondent – husband before the Family Court, Solapur to

the Family Court, Bandra, Mumbai.

2.      Office remarks show that the Respondent has been duly served.

However, none appears for the Respondent when the matter is called

out. It seems that the Respondent is not interested in defending the

present proceeding. Hence, I am proceeding further with the hearing of

the MCA.

3.      It is the case of the Applicant that she is a homemaker and is

residing at Andheri, Mumbai along with her son, aged six years. The

Respondent – husband is having business at Solapur. The Respondent –

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husband used to harass and threaten the Applicant to kill her and their

minor son. In such a situation, it is difficult for the Applicant to travel

to Solapur to attend the Court proceeding from Mumbai. The distance

between Mumbai and Solapur is around 450 Km which will take

around nine hours and return back on the same day. It is alleged that

the Respondent-husband has already performed a second marriage.

This is an offence punishable under Section 494 of the Indian Penal

Code, 1860. The Respondent – husband has filed a divorce proceeding

at Solapur only to harass the Applicant – wife.

4.      Supreme Court in the case of N. C. V. Aishwarya vs. A. S. Sarvana

Karthik Sha, reported in 2022 SCC OnLine SC 1199 has held that while

deciding transfer proceedings, convenience of the wife has to be taken

into consideration. Paragraph 9 of the said Judgment reads 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 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.”


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                                              (emphasis supplied)

5.      Considering the law as laid down by the Supreme Court in the

case of N. C. V. Aishwarya (supra) and facts of the present case, I am

satisfied that a case is made out to allow this MCA.

6.      The Miscellaneous Civil Application stands allowed in terms of

prayer clause (B).

6.1     The proceeding, being the Petition No. A/364/2024 pending

before the Family Court, Solapur be transferred to the Family Court,

Bandra, Mumbai.

7.      Learned Counsel for the Applicant is hereby directed to convey

the Order passed today to the Family Court, Solapur who is hearing the

matrimonial proceedings and file Affidavit to that effect within a period

of two weeks from today.

8.      The Registrar (Judicial – I) is hereby directed to communicate

the order passed today to the Registrar of the Family Court, Solapur by

E-mail.



                                                   (RAJESH S. PATIL, J.)




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