Bombay High Court
Trupti Prashant SapkalversusPrashant Ramchandra Sapkal
- Decided
- Disposal
- Allowed
Holding
A transfer of the divorce petition is permissible when both parties consent and no prejudice is caused.
Summary
The wife (applicant) filed a miscellaneous civil application seeking transfer of the divorce petition filed by her husband (respondent) in the Civil Court at Panvel to the Family Court at Sangli, citing the serious health condition of their minor daughter who resides with her in Sangli and the impracticality of traveling 370 km. The respondent, appearing through counsel, raised no objection to the transfer and consented to it. The court examined the facts and the parties' consent. Relying on the principle that a transfer may be ordered when both parties agree and there is no prejudice, the court allowed the application. Consequently, the Special Marriage Petition No. 17/2022 was transferred from the District Court, Panvel, to the Family Court, Sangli.
Issues considered
- Whether the divorce petition filed in the Civil Court at Panvel can be transferred to the Family Court at Sangli on the ground of inconvenience and health of a minor child.
Subjects
- divorce
- transfer of petition
- family court
- minor child health
- consent of parties
- inconvenience
Judgment
5-MCA-437-2025.docx
rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS CIVIL APPLICATION NO. 437 OF 2025
Trupti Prashant Sapkal … Applicant
Vs.
Prashant Ramchandra Sapkal … Respondent
Ms. Sakshi S. Kadam i/b. Mr. Chirag Sonecha for the Applicant.
Mr. Ashwin Hawelikar for the Respondent (through VC).
CORAM : GAURI GODSE, J.
DATE : 20th AUGUST 2026
ORDER :
1. This application is filed by the wife seeking transfer of the
divorce petition filed by the respondent-husband in the Civil
Court at Panvel. The applicant has prayed for transfer on the
ground of inconvenience as the minor daughter is residing with
the applicant at Sangli. It is contended that due to serious
health issues of the daughter it would not be possible for the
applicant to travel to Panvel which is approximately 370 kms
from Sangli.
2. The respondent is served and is appearing through
Digitally
signed by
RAJESHWARI advocate. Learned counsel for the respondent on instructions
RAJESHWARI RAMESH
RAMESH PILLAI
PILLAI Date:
2026.08.21
14:55:55
+0530
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5-MCA-437-2025.docx
submits that the respondent has no objection if the divorce
petition filed at Civil Court, Panvel is transferred to the Family
Court at Sangli.
3. In the facts and circumstances of the case and for the
reasons stated in the application, by consent it is allowed by
passing following order :
(a) The Special Marriage Petition 17/2022 filed by
the respondent against the applicant in the District
Court at Panvel, District Raigad is transferred to the
Family Court, Sangli.
[GAURI GODSE, J.]
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