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Bombay High Court

PRIYANKA SANKET PATILversusSANKET RAMCHANDRA PATIL

Disposal
Allowed

Holding

The Court disposed of the application, permitting the parties' agreement on travel expenses and refusing to transfer the marriage petition to another Family Court.

Summary

The wife (Applicant) filed a Miscellaneous Civil Application seeking transfer of Marriage Petition No. 188 of 2024 from the Family Court at Sangli to the Family Court at Kolhapur, citing a 48 km travel distance and associated expenses. The husband (Respondent) opposed the transfer but agreed to pay the Applicant Rs.2,000 per hearing date as travel and miscellaneous expenses. Both parties consented to a written arrangement whereby the Respondent would deposit the amount three days in advance into the Applicant's bank account. The Court accepted the parties' consent, ordered the payment arrangement, clarified that the travel expense is excluded from any maintenance award, and allowed the original Family Court at Sangli to continue hearing the marriage petition. Consequently, the application for transfer was disposed of without granting the requested jurisdictional change.

Issues considered

  • Whether the Miscellaneous Civil Application for transfer of the marriage petition to another Family Court can be disposed of by the parties' consent.
  • Whether the Court can order the Respondent to pay travel expenses to the Applicant separate from maintenance.

Subjects

  • Family Court
  • Marriage Petition
  • Jurisdiction transfer
  • Travel expenses
  • Maintenance
  • Consent order
  • Civil application

Judgment

                                                             9-MCA-56-2026 (C).docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR

                         CIVIL APPELLATE JURISDICTION

                  MISC. CIVIL APPLICATION NO. 56 OF 2026

Priyanka Sanket Patil                                  … Applicant
                       Versus
Sanket Ramchandra Patil                                … Respondent


                                       ----
Mr. Anvil S. Kalekar for the Applicant.
Mr. Kishor Ajetrao for the Respondent.
                                     -------

                                  Coram :       ASHWIN D. BHOBE, J.

                                  Date      :   3rd September 2026.

PER COURT :


1.    Heard Mr. Anvil Kalekar, learned Advocate for the Applicant and Mr.

Kishor Ajetrao, learned Advocate for the Respondent.


2.    By this    Application, the Applicant (wife) has sought the following

substantive relief :


        “b. The Petition A No. 188 of 2024 pending before the Learned

             Family Court at Sangli may kindly be transferred to the

             Learned Family Court at Kolhapur.”




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3.    Some facts relevant to the disposal of this Application are that the

Respondent (husband) filed Marriage Petition A No. 188 of 2024 before the

Family Court, Sangli, on 30th July 2024. The Applicant was served on 23 rd

October 2024 in the said Marriage Petition A No. 188 of 2024.


4.    The request for transfer of Marriage Petition A No. 188 of 2024 is made

by filing this Application on 22 nd July 2026. The ground is that the distance

from the Applicant's place of abode to the Family Court, Sangli, is about 48

km. Thus, the issue is about travelling expenses.


5.    After hearing the matter for some time, Mr. Anvil Kalekar, learned

Advocate for the Applicant and Mr. Kishor Ajetrao, learned Advocate for the

Respondent, submit that this Application can be disposed of by consent of the

parties on a workable arrangement.


6.    Mr. Kishor Ajetrao, learned Advocate for the Respondent, on

instructions from the Respondent, who is present in the Court, states that the

Respondent shall pay an amount of Rs.2,000/- for each date as travel and

miscellaneous expenses on the date the Applicant is required to remain

present in person before the Family Court, Sangli, in Marriage Petition A No.

188 of 2024.


7.    Mr. Anvil Kalekar, learned Advocate for the Applicant, on instructions

from the Applicant, states that the Applicant agrees to the travelling expenses


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of Rs.2,000/- per date of hearing, as and when the Applicant is required to

appear in person before the Family Court, Sangli, in Marriage Petition A No.

188 of 2024.


8.     The statement made by Mr. Anvil Kalekar, learned Advocate for the

Applicant, on instructions from the Applicant, is accepted as a statement to

this Court. The Respondent shall abide by the said statement and pay the

amount at least three (3) days in advance to the Applicant directly into the

bank account, the details of which are as follows :

      Name of Account holder    :       Mrs. Priyanka Sanket Patil

      Name of the Bank          :       The State Bank of India, Branch Bhilwadi

      Account No.               :       41180264574

      IFSC No.                  :       SBIN0002143




9.     In view of the above said arrangement, this Application is disposed of.


10.    It is clarified that the amount of Rs.2,000/-, which the Respondent is

required to pay to the Applicant as travel expenses for the dates of hearing

when the Applicant is required to appear before the Family Court, Sangli, in

Marriage Petition A No. 188 of 2024, shall be excluded from the maintenance

allowance to be paid or that would be payable to the Applicant by the

Respondent.




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                 11.     The Family Court, Sangli, to proceed with the adjudication of Marriage

                 Petition A No. 188 of 2024.


                 12.     Misc. Civil Application No. 56 of 2026 stands disposed of.



                                                              [ ASHWIN D. BHOBE, J. ]



           Digitally signed
           by OMKAR
OMKAR      SHIVAHAR
SHIVAHAR   KUMBHAKARN
KUMBHAKARN Date:
           2026.09.04
           10:53:31 +0530




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