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Bombay High Court

Ayesha @ Tasnim Asif MujawarversusAsif Harun Mujawar

Disposal
Allowed

Holding

The suit is to be transferred to the Family Court, Satara, as the wife’s convenience justifies the exercise of power under Section 24.

Summary

The applicant, a homemaker and sole caregiver of a six‑year‑old child, filed a miscellaneous civil application under Section 24 of the Code of Civil Procedure seeking transfer of Regular Civil Suit No. 216 of 2025, filed by her husband, from the Civil Court at Vita, Sangli to the Family Court at Satara. She argued that she has no independent income, resides 110 km away from the present court, and would face considerable inconvenience, while the respondent, a labourer with health issues, opposed the transfer. The court referred to the Supreme Court’s decision in N.C.V. Aishwarya v. A.S. Saravana Karthik, which emphasizes that in matrimonial matters the wife’s convenience is a primary consideration under Section 24. After weighing the parties’ circumstances, the judge held that the inconvenience to the applicant outweighed any inconvenience to the respondent. Consequently, the suit was ordered to be withdrawn from the Sangli court and transferred to the appropriate court in Satara, and the application was disposed of.

Issues considered

  • Whether, under Section 24 of the Code of Civil Procedure, 1908, the regular civil suit concerning a matrimonial dispute should be transferred to a court nearer to the wife’s residence.

Legislation cited

Subjects

  • Section 24 CPC
  • transfer of suit
  • matrimonial dispute
  • legal aid
  • wife's convenience
  • family court
  • maintenance

Judgment

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                                                                                 907-MCA-4-2026 (C).DOC


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

                                                CIVIL APPELLATE JURISDICTION

                                            MISC.CIVIL APPLICATION NO. 4 OF 2026

                          Ayesha @ Tasnim Asif Mujawar                           …...Applicant
                                VERSUS
                          Asif Harun Mujawar                                     …...Respondent

                          _________________________________________________________________


                          Mr. Tehjeet A. Nadaf, for the Applicant.
                          Mr. Ketan Patil, appointed Advocate for Respondent (Through Legal Aid).
                          _________________________________________________________________



                                              CORAM       :   ASHWIN D. BHOBE, J.
                                              DATE        :   4th SEPTEMBER, 2026.
                          P.C.


                          1.          When this matter is called out, neither the Respondent nor the

                          Advocate for the Respondent were present, either physically or through
          Digitally
          signed by
          SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM    Date:
                          V.C. mode.
          2026.09.07
          18:30:31
          +0530




                          2.          The record indicates that Advocate Mr. Sajid Ahmed Aklujjkar

                          was appointed as a Legal Aid Counsel to represent the Respondent.

                          However, when the matter was called out, the appointed Advocate was

                          absent. The matter was, therefore, kept back. Considering the urgency

                          expressed by Mr. Tehjeet A. Nadaf, learned Advocate for the Applicant, Mr.

                          Ketan Patil, learned Advocate present in Court and was called upon to




                 Shantanu S. Dhudum
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                                                                     907-MCA-4-2026 (C).DOC


         assist the Court on behalf of the Respondent on the basis of the record

         available.


         3.           Advocate Mr. Ketan Patil agreed to appear on behalf of the

         Respondent.


         4.           The High Court Legal Services Committee, Mumbai, Circuit

         Bench at Kolhapur, to take note of appointment of Mr. Ketan Patil, as the

         Advocate appointed under the Legal Aid Scheme to represent the

         Respondent in this Application.


         5.           Mr. Tehjeet A. Nadaf, learned Advocate for the Applicant

         furnished the copy of the paper-book to Mr. Ketan Patil. Mr. Ketan Patil,

         learned Advocate for the Respondent requested for a keep back of this

         matter to study the same. After some time at the request of Mr. Ketan Patil

         this matter was taken up for hearing.


         6.           Heard Mr. Tehjeet A. Nadaf, learned Advocate for the Applicant

         and Mr. Ketan Patil, learned Advocate for Respondent.


         7.           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 order/writ for transfer of Regular Civil Suit No.216 of
                     2025 from the files of Ld. Civil Court, Vita, Dist. Sangli, to
                     the Family Court, Satara, District Satara.”

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                                                                    907-MCA-4-2026 (C).DOC


         8.          Mr. Tehjeet A. Nadaf, learned Advocate for the Applicant,

         submits that the Applicant (Wife) seeks transfer of Regular Civil Suit

         No.216 of 2025 filed by the Respondent (Husband) before the Civil Court,

         Vita, District Sangli, to the Family Court, Satara, District Satara, on the

         following grounds:


               (A) The Applicant is a homemaker residing in the District of Satara
                     and the sole caregiver of a minor child aged about six years,
                     born out of the wedlock with the Respondent.


               (B) The Applicant has no independent source of income and the
                     distance between her place of residence and Satara is
                     approximately 110 kilometres.


         9.          On the aforesaid grounds, the Applicant submits that it would

         cause considerable inconvenience to her to attend and pursue the

         proceedings at Vita and, therefore, seeks transfer of the said proceedings to

         the Family Court, Satara.


         10.         Mr. Ketan Patil, learned Advocate for the Respondent, submits

         that the Respondent is a labourer having ailment. He further submits that

         the Respondent has also his brother a person with disability to maintain.

         He therefore oppose this Application.


         11.         Perused the record.




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                                                                     907-MCA-4-2026 (C).DOC


         12.            In N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha 1, the Hon’ble

         Supreme Court in paragraph 9, has observed as follows:-


                     “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.”


         13.           The Applicant is a homemaker and has the responsibility of

         maintaining and taking care of her 6 years old minor son. It is submitted

         that she has no independent source of income and that she is not receiving

         any financial support from her husband. Respondent though served in this

         Application has not filed reply.




         1 2022 SCC OnLine SC 1199

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                                                                 907-MCA-4-2026 (C).DOC


         14.         Mr. Tehjeet A. Nadaf, learned Advocate for the Applicant submits

         that Respondent is not paying any maintenance to Applicant or to the

         minor son.


         15.         Mr. Tehjeet A. Nadaf, learned Advocate for the Applicant, and

         Mr. Ketan Patil, learned Advocate for the Respondent, state that although

         the proceedings are titled as Regular Civil Suit No.216 of 2025, the dispute

         involved therein is, in substance, a matrimonial dispute.


         16.         Considering the difficulty expressed by the Applicant of the

         Applicant being required to travel approximately 110 k.m. to pursue and

         attend the proceedings at Sangli, I am of the view that the inconvenience

         that would be caused to the Applicant would be much greater than the

         inconvenience, if any, that may be caused to the Respondent. I, therefore,

         deem it fit and proper to allow the present Application in terms of prayer

         clause (a). Consequently, Regular Civil Suit No.216 of 2025, filed by the

         Respondent and pending before the Civil Court, Vita, District Sangli, stands

         withdrawn and transferred to the Civil Court, Satara, District Satara.


         17.         The Principal District Judge, Satara, is requested to assign

         Regular Civil Suit No.216 of 2025 to the Court at Satara, having

         jurisdiction to deal with the matrimonial and family dispute.


         18.         The Applicant shall produce a copy of this order before the

         Principal District Judge, Satara.


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                                                                  907-MCA-4-2026 (C).DOC


         19.         The High Court Legal Services Committee, Mumbai, Circuit

         Bench at Kolhapur, shall take a note of the appearance of Mr. Kunal Patil,

         learned Advocate in this Application, shall quantify and pay the legal fees

         payable to him under the Legal Aid Scheme for representing the

         Respondent in this Application.


         20.         Miscellaneous Civil Application No.4 of 2026 is disposed of.




                                                      ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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