Bombay High Court
ASHA AMIT BHATEversusAMIT RAJENDRA BHATE
- Disposal
- Allowed
Holding
The marriage petition is to be transferred to the Family Court at Kolhapur.
Summary
The applicant, a homemaker with a minor child, filed a Miscellaneous Civil Application under Section 24 of the CPC seeking transfer of a marriage petition from the Family Court in Pune to the Family Court in Kolhapur, citing her inability to travel the 250 km distance and lack of income. The respondent argued that video‑conferencing could obviate the need for transfer and noted that the applicant had also instituted criminal proceedings under Section 498‑A of the IPC in Kolhapur, requiring his appearance there. The court referred to the Supreme Court’s decision in N.C.V. Aishwarya v. A.S. Saravana Karthik, emphasizing that in matrimonial matters the wife’s convenience is a primary consideration. Weighing the applicant’s greater inconvenience against any inconvenience to the respondent, and noting the respondent’s need to appear in the criminal case at Kolhapur, the court allowed the application. Consequently, the marriage petition was withdrawn from Pune and ordered to be transferred to the Family Court at Kolhapur.
Issues considered
- Whether the marriage petition pending before the Family Court, Pune should be transferred to the Family Court, Kolhapur under Section 24 of the CPC.
- Whether the applicant’s inconvenience outweighs any inconvenience to the respondent.
- Whether video‑conferencing attendance negates the need for transfer.
- Whether the existence of criminal proceedings under Section 498‑A at Kolhapur influences the transfer decision.
Legislation cited
- Code of Civil Procedure, 1908 — s. 24
- Indian Penal Code, 1860 — s. 498-A
Subjects
- transfer of suit
- Section 24 CPC
- family court jurisdiction
- matrimonial dispute
- wife convenience
- video conferencing
- Section 498-A IPC
- civil application
- jurisdictional transfer
Judgment
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26-MCA-49-2026 (C).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
MISC.CIVIL APPLICATION NO. 49 OF 2026
Asha Amit Bhate …...Applicant
VERSUS.
Amit Rajendra Bhate …...Respondent
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Ms. Siddhi Diwan a/w Adv. Y. S. Sawant, for Applicant.
Mr. Swaroop Godbole (Through VC), for Respondent.
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CORAM : ASHWIN D. BHOBE, J.
DATE : 3rd SEPTEMBER, 2026.
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
P.C.
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.04
14:01:57
+0530
1. Heard Ms. Siddhi Diwan, learned Advocate for the Applicant and
Mr. Swaroop Godbole, learned Advocate for Respondent.
2. By the present Application filed under Section 24 of the Code of
Civil Procedure, 1908, the Applicant has sought the following substantial
relief:
“A. Transfer the hearing of Petition No.A-921 of 2026 pending
before the Learned Family Court, Pune to the Learned
Family Court, Kolhapur to try and proceed from the point
at which it was transferred.”
Shantanu S. Dhudum
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26-MCA-49-2026 (C).DOC
3. The present Application is filed by the Applicant (Wife), who is a
homemaker and has the responsibility of maintaining and taking care of
her minor daughter aged about five (5) years. She seeks the transfer of
Marriage Petition No. A-921 of 2026, pending before the Family Court at
Pune, to the Family Court at Kolhapur. The ground for seeking transfer is
that the Applicant has no independent source of income and is required to
care for the minor child born out of wedlock to the Respondent, which
causes her considerable inconvenience in attending and pursuing the
proceedings at Pune.
4. Ms. Siddhi Diwan, learned Advocate for the Applicant, submits
that the distance between Pune and Kolhapur is approximately 250 km,
making it very difficult and inconvenient for the Applicant to travel to Pune
to attend the proceedings of Marriage Petition No. A-921 of 2026.
5. Mr. Swaroop Godbole, learned Advocate for the Respondent,
submits that the Applicant need not be personally present before the
Family Court at Pune on every date and may appear through Video
Conferencing (V.C.). He further submits that the Applicant has instituted
criminal proceedings against the Respondent, including proceedings under
Section 498-A of the Indian Penal Code, 1860, before the Court at
Kolhapur, in which the Respondent and his family members are also
required to appear.
6. Perused the Record.
Shantanu S. Dhudum
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26-MCA-49-2026 (C).DOC
7. 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.”
8. Considering the facts stated in the Application and the
submissions advanced by the learned Advocates appearing for the parties,
the inconvenience to the Applicant in attending and pursuing Marriage
Petition No. A-921 of 2026 at Pune would be considerably greater than the
inconvenience that may be caused to the Respondent if required to attend
the proceedings at Kolhapur.
1 2022 SCC OnLine SC 1199
Shantanu S. Dhudum
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26-MCA-49-2026 (C).DOC
9. Even otherwise, the Respondent is required to appear before the
Criminal Court at Kolhapur in the criminal proceedings instituted by the
Applicant at Kolhapur.
10. In view of the above, this Application is allowed in terms of
prayer clause (A). Consequently, the Marriage Petition No. A-921 of 2026,
pending before the Family Court at Pune, is withdrawn and transferred to
the Family Court at Kolhapur.
11. The Principal District Judge, Kolhapur, is requested to assign
Marriage Petition No.A- 921 of 2026 to the Family Court at Kolhapur.
12. The Applicant shall place a copy of this order before the
Principal District Judge at Kolhapur.
13. Miscellaneous Civil Application No.49 of 2026 is disposed of.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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