POONAM PARMESHWAR YEDEversusPARMESHWAR BHAGWAN YEDE

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          Digitally
          signed by
                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          KANCHAN
KANCHAN   VINOD
VINOD     MAYEKAR
MAYEKAR   Date:
          2026.07.30
          14:18:56
          +0530                              CIVIL APPELLATE JURISDICTION

                                   MISCELLANEOUS CIVIL APPLICATION NO. 468/2025

                       POONAM PARMESHWAR YEDE                               ….. APPLICANT

                                 VS

                       PARMESHWAR BHAGWAN YEDE                              ….. RESPONDENT

                       Adv. Rishabh H. Vakharia (Thr V.C.) for the Applicant.

                       Adv. Sangram B. Suryavanshi for the Respondent.

                                                         CORAM : RAJESH S. PATIL, J.

                                                         DATE      : 27 JULY, 2026

                       P.C. :-

                       1)               The present transfer application has been filed by the

                       applicant, who is the wife of the respondent, seeking transfer of the

                       divorce proceedings filed by the respondent-husband before the Civil

                       Judge Senior Division, Kalyan to the         Civil Judge Senior Division

                       Rahata, District Ahilyanagar.

                       2)        It is the case of the applicant that the distance between Rahata

                       and Kalyan is around 218 kms. Even the respondent is staying at

                       Chembur, Mumbai. The D.V. proceeding is pending before the JMFC

                       at Rahata. The respondent is not permitting the applicant to meet her
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own children. The respondent is not paying any maintenance to the

applicant. The applicant is a home-maker, who has barely studied till

11th standard in vernacular medium.          She is entirely dependent

financially and emotionally upon her parents. Her parents are around

75 years of age and there is no male member in her family who could

accompany her to attend the court proceedings at Kalyan. Hence, the

proceedings filed by the respondent be transferred to Rahata,

Ahilyanagar.

3)             On behalf of the respondent, it is stated that the present

transfer application has been opposed.         It is submitted that the

respondent is working in the Bombay Municipal Corporation and the

custody of all three children are with him and he is taking care of their

education and all their needs. If the proceeding are transferred to

Rahata, it is inconvenient for the respondent to travel so far from

Chembur to Rahata as he is having responsibility of three children on

him.

4)             The Hon’ble Supreme Court in case of N.C.V. Aishwarya

vs. A.S.Saravana Karthik Sha, reported in 2022 SCC OnLine SC 1199

has held that the convenience of the wife has to be seen while

deciding the transfer proceedings.        Paragraph no.9 of the said

judgment reads as under :-
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       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 to 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.
                                                       (Emphasis supplied)

5)                 Considering the facts of the present case and the law laid

down by the Hon’ble Supreme Court in case of N.C.V. Aishwarya

(supra), and the facts of the present case, the distance between Kalyan

and Rahata is around 218 kms, which will take travel time of around

six hours. In my view, it will be difficult for the applicant to travel and

attend the court proceedings at Kalyan and return back on the same

day.

6)                 It is pertinent to note that even the respondent is not

residing at Kalyan. Hence, according to me case is made out to allow

this miscellaneous civil application.

7)                 The    miscellaneous civil application stands allowed in

terms of prayer clause (b).
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8)          The proceedings of Marriage Petition No. 588 of 2025

pending before the Civil Judge Senior Division, Kalyan, District Thane

be transferred within four weeks to the Civil Judge Senior Division,

Rahata, District Ahilyanagar.

9)          Considering the fact that the applicant is working in the

Bombay Municipal Corporation and in Sewage Department and the

custody of the three children is with him, as of now, he is permitted to

attend the court proceedings at Rahata, Ahilyanagar through video

conferencing. However, whenever necessary, as per the directions of

the learned Civil Judge Senior Division, Rahata, District Ahilyanagar,

taking up the matter, the respondent will have to attend the

proceedings in person.

10)         Learned advocate for the applicant is permitted to

communicate the order passed today to the Civil Judge Senior

Division, Kalyan, District Thane.

11)         Similarly, Registrar (Judicial-I) is hereby directed to

communicate the order passed today to the Registrar of the Civil

Judge Senior Division, Kalyan, District Thane by E-mail.

12)         All concerned to act on the authenticated copy of this

order.

                                            [RAJESH S. PATIL, J.]