Bombay High Court
EKTA VIVEK ALIAS VIBHAS KOKATEversusVIVEK ALIAS VIBHAS ASHOK KOKATE
- Disposal
- Allowed
Holding
The court held that the Hindu Marriage Petition should be transferred to the Civil Court at Islampur on the basis of the applicant's inconvenience and financial constraints.
Summary
The applicant, a homemaker with a three‑year‑old daughter, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure seeking transfer of Hindu Marriage Petition No. 27 of 2025 from the Civil Judge Senior Division at Vaduj (Satara) to the Civil Judge Senior Division at Islampur (Sangli). The applicant argued that she resides in Islampur, lacks independent income, and faces financial hardship and poor connectivity in attending proceedings at Vaduj, while the respondent, her husband, is absent despite being served notice. The respondent did not appear or contest the transfer request. The court examined the application and found the applicant’s submissions on inconvenience and financial constraints credible and unchallenged. Accordingly, the court ordered that the marriage petition be withdrawn from Vaduj and transferred to the appropriate court at Islampur. The application was disposed of after directing the principal district judge to assign the petition to the court having jurisdiction.
Issues considered
- What is the appropriate ground for transferring a pending matrimonial suit under Section 24 of the CPC?
- Whether the applicant's claim of inconvenience and financial constraints justifies the transfer of the Hindu Marriage Petition?
Legislation cited
- Code of Civil Procedure, 1908 — s. 24
Subjects
- Section 24 CPC
- transfer of suit
- matrimonial dispute
- inconvenience
- financial constraints
- Hindu Marriage Petition
- jurisdiction
Judgment
1
936-MCA-372-2025 (C).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
MISC.CIVIL APPLICATION NO. 372 OF 2025
Ekta Vivek Alias Vibhas Kokate …...Applicant
VERSUS.
Vivek Alias Vibhas Ashok Kokate …...Respondent
-----
Mr. Umesh Pawar, for the Applicant.
None for the Respondent.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 28th AUGUST, 2026.
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
P.C.
DHUDUM Date:
2026.08.31
10:45:19
+0530
1. Heard Mr. Umesh Pawar, 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:
“B. This Hon’ble Court may be pleased to transfer the Hindu
Marriage Petition No.27 of 2025 pending before the Ld.
Civil Judge Senior Division, at Vaduj to Ld. Civil Judge
Senior Division, at Islampur@Ishwarpur.”
3. Mr. Umesh Pawar, learned Advocate for the Applicant, states that
the notice was issued to the Respondent on 5 th January, 2026 and that the
proceedings of Hindu Marriage Petition No.27 of 2025, pending before the
Shantanu S. Dhudum
2
936-MCA-372-2025 (C).DOC
Trial Court, were stayed by this Court. He further states that the
Respondent has been duly served with the notice issued by this Court.
4. The Office Note dated 21st May, 2026 read thus:
“Note:
1) MCA filed through E-filing and Photocopy is kept
herewith.
2) As per Circular dated 18/06/2021, MCA is numbered.
3) Notice issued to Sole Respondent, received duly served.
4) Cont. Writ put to Lower Court.”
5. The name of the Respondent, namely, Vivek alias Vibhas Ashok
Kokate, was called out by the Court Sheriestedar. However, neither the
Respondent nor any Advocate appeared on behalf of the Respondent.
6. Mr. Umesh Pawar, learned Advocate for the Applicant, submits
that the Applicant (wife) is a homemaker and has a minor daughter aged
about 3 years. He submits that the Applicant resides at Islampur, Taluka
Walwa, District Sangli. He submits that the Applicant has no independent
source of income and presently depends on her family members for her
survival and that of her minor daughter. He further submits that the
Respondent (husband) is working in Pune City, however, to harass the
Applicant, the Respondent has filed the Hindu Marriage Petition No. 27 of
2025 at Vaduj, District Satara.
Shantanu S. Dhudum
3
936-MCA-372-2025 (C).DOC
7. Mr. Umesh Pawar, learned Advocate for the Applicant, submits
that due to financial constraints and inadequate connectivity between
Islampur and Vaduj, considerable inconvenience would be caused to the
Applicant in attending and pursuing the proceeding at Vaduj, District
Satara. He further submits that the Applicant is responsible for the care of
her minor daughter.
8. Though duly served, the Respondent has chosen to remain
absent. It therefore appears that the Respondent is not contesting the
request for transfer made by the Applicant in this Application.
9. Perused the records.
10. Considering the statements made in this Application and the
unrebutted submissions advanced by Mr. Umesh Pawar, learned Advocate
for the Applicant, the request for transfer is on the ground of
inconvenience and financial constraints faced by the Applicant (wife), this
Application is allowed in terms of prayer clause (B), Consequently, Hindu
Marriage Petition No.27 of 2025 pending before the Civil Judge Senior
Division at Vaduj is hereby withdrawn and transferred to the Civil Court at
Islampur, District Sangli.
Shantanu S. Dhudum
4
936-MCA-372-2025 (C).DOC
11. The Principal District Judge, Sangli is requested to assign Hindu
Marriage Petition No.27 of 2025 to the Court having jurisdiction to decide
the matrimonial dispute at Islampur, District Sangli.
12. The Applicant shall place a copy of this order before the
Principal District Judge at Sangli.
13. Miscellaneous Civil Application No.372 of 2025 is disposed of.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
Checking your session…