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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