DHANASHREE RAHUL OVHALversusRAHUL BHAGWAN OVHAL

                                                                                26-MCA-59-2026.docx


                 rrpillai            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION
                                 MISCELLANEOUS CIVIL APPLICATION NO. 59 OF 2026


                                Dhanashree Rahul Ovhal                   …     Applicant
                                     Vs.
                                Rahul Bhagwan Ovhal                      …     Respondent


                                Mr. Prashant Darandale a/w. Mr. Bajrang M. Solanke for the
                                Applicant.
                                                       CORAM : GAURI GODSE, J.

                                                       DATE :        19th AUGUST 2026

                                ORDER :


                                1.    This miscellaneous civil application is filed by the wife

                                praying for transferring the divorce petition filed by the

                                respondent-husband in the Family Court, Bandra to Family

                                Court, Pune.


                                2.    Despite service, none appears for the respondent.


                                3.    Learned counsel for the applicant submits that she and

                                her minor daughters are residing in Pune along with her

                                brother. The daughters are 10 and 9 years old. The divorce

                                petition is filed in the Family Court, Bandra only to harass the
             Digitally signed
             by
RAJESHWARI   RAJESHWARI         applicant and the daughters.
             RAMESH
RAMESH       PILLAI
PILLAI       Date:
             2026.08.19
             17:28:19 +0530


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4.    The applicant has filed an application under Section

144 of the The Bharatiya Nagarik Suraksha Sanhita, 2023

(BNSS, 2023) in the Family Court at Pune seeking

maintenance for herself and the minor daughters. It was only

after the maintenance application was filed that the

respondent applied for divorce in the Family Court at Bandra.

The applicant has no independent source of income and it is

not possible for the applicant to travel from Pune to Bandra.

He therefore submits that in view of the inconvenience, the

distance from Family Court, Pune to Family Court Bandra

and financial constraints, the applicant is seeking transfer.


5.    None appears for the respondent to dispute the

grounds of inconvenience pleaded in the application.


6.    I have perused the application. The pleadings in the

application is that applicant and the minor daughters would

face severe inconvenience if the divorce petition filed by the

respondent is continued at the Family Court, Bandra.


7.    So far as respondent is concerned, there is nothing to

indicate that it would not be possible for him to travel to Pune

to attend the proceeding. Respondent is already appearing in

the Family Court at Pune in the proceeding initiated by the

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applicant.


8.    Hence, in the facts and circumstances of the case, the

applicant has made out a case to seek transfer as prayed.

The   application is therefore allowed in terms of prayer

clause (a) which reads as under :


       (a) This Hon’ble Court be pleased to issue

       appropriate Writ or Order and or Direction and

       thereby transfer the proceedings of Hindu Marriage

       Petition A-1932/2025 filed under section 13(1)(ia)

       of    Hindu   Marriage Act   1955   filed   by   the

       Respondent from the Judge-2, Mumbai-Suburban,

       Family Court, Mumbai at Bandra to the Hon’ble

       Principal Judge, Family Court No. 9 at Pune, in the

       interest of justice.




                                         [GAURI GODSE, J.]




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