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Bombay High Court

Nisha Sumit KhandizodversusSumit Suresh Khandizod

Disposal
APPLICATION ALLOWED

Holding

The marriage petition is transferred from Kopargaon to Dhule.

Summary

The wife (applicant) filed a transfer application to move her matrimonial proceeding (Marriage Petition No.136 of 2025) from the Civil Judge, Senior Division, Kopargaon to the Civil Judge, Senior Division, Dhule. She argued that the husband (respondent) was already attending a pending criminal case under the Domestic Violence Act in Dhule, making it convenient for both parties. The respondent did not appear to oppose the transfer. The court considered the respondent's non‑opposition, the distance of about 230 km between the courts, and the fact that the criminal proceeding was already pending in Dhule. Accordingly, the transfer application was allowed, and the petition was ordered to be transferred to Dhule. The court also permitted the respondent to appear via video‑conferencing if he later seeks to do so.

Issues considered

  • Whether a matrimonial proceeding may be transferred to another court on the ground of convenience and the existence of a pending criminal proceeding involving the same parties.
  • Whether the respondent's failure to appear constitutes a waiver of opposition to the transfer.

Subjects

  • transfer of suit
  • matrimonial jurisdiction
  • Domestic Violence Act
  • procedural convenience
  • video conferencing

Judgment

2026:BHC-AUG:41652


                     IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                BENCH AT AURANGABAD

                      919 MISC.CIVIL APPLICATION NO. 41 OF 2026

                                  Nisha Sumit Khandizod
                                          VERSUS
                                 Sumit Suresh Khandizod
                                             ...
                       Advocate for Applicant : Mr. Raut Ashok Dinkar
                                             ...

                                   CORAM     : ROHIT W. JOSHI, J.
                                   Dated     : September 09, 2026

           PER COURT :-

           1.    Office note dated 12th March 2026 indicates that the respondent

           is served. However, the respondent has not filed appearance in order

           to oppose the transfer application.



           2.    The applicant seeks transfer of the matrimonial proceeding

           bearing Marriage Petition No.136 of 2025 filed by the respondent-

           husband    at   Civil    Judge,   Senior         Division,   Kopargaon,   District

           Ahilyanagar, to Civil Judge, Senior Division, Dhule. The distance

           between the two places is around 230 kilometers.



           3.    It is stated in the application that the applicant-wife has filed a

           proceeding under the Domestic Violence Act bearing Criminal M.A. No.

           449 of 2024, which is pending before the Court of the learned Judicial

           Magistrate First Class at Dhule. The applicant has stated that the

           respondent-husband is attending the said proceeding. It is contended


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                                                                 919 MCA 41-2026



that since the husband is attending the said proceeding, which was

instituted prior in point of time, the husband can prosecute the

matrimonial proceeding filed by him at Kopargaon before the

competent Court at Dhule as well.



4.       Having regard to the fact that the earlier proceeding instituted

by the applicant-wife is pending at Dhule, which is being attended by

the respondent-husband, and further having regard to the fact that

the respondent has not chosen to oppose the present application by

remaining absent, the transfer application is allowed.



5.       Marriage Petition No. 136 of 2025 is ordered to be transferred

from the Court of the learned Civil Judge, Senior Division, Kopargaon,

to the Court of the learned Civil Judge, Senior Division, Dhule.



6.       In the event the respondent-husband makes an application for

appearance       through   video   conferencing,    the   same    may       be

considered favourably and permission to appear through video

conferencing may be granted on such dates and at such stages as

may be deemed appropriate by the learned Civil Judge, Senior

Division, Dhule.



                                                   ( ROHIT W. JOSHI, J. )

vj gawade/-.


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