Bombay High Court
Mrs Tejashri Abhijit PatilversusMr Abhijit Bapusaheb Patil
- Disposal
- Allowed
Holding
The Court declined to transfer the petition and instead ordered the respondent to pay conveyance expenses, disposing of the transfer application.
Summary
Mrs. Tejashri Abhijit Patil filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure seeking to have a marriage petition (filed by her husband under Section 13(1)(ia) of the Hindu Marriage Act) transferred from the Family Court at Sangli to the Family Court at Kolhapur. The respondent agreed to pay conveyance expenses of Rs.1,000 per hearing date for the applicant to travel to Sangli. The Court accepted this undertaking and ordered the respondent to deposit the stipulated amount for each hearing in the Sangli court registry, allowing withdrawal of the application. Consequently, the application for transfer was disposed of without any order for relocation of the case. The decision reflects the Court’s discretion to address logistical concerns through financial directions rather than procedural transfer.
Issues considered
- Whether an application under Section 24 CPC for transfer of a family court petition can be entertained when the parties can resolve the inconvenience by payment of conveyance expenses.
Legislation cited
- Code of Civil Procedure, 1908 — s. 24
- Hindu Marriage Act, 1955 — s. 13(1)(ia)
Subjects
- Section 24 CPC
- transfer of suit
- conveyance expenses
- Family Court
- Hindu Marriage Act
- application disposal
Judgment
31-MCA-60-2026 (C).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
MISC.CIVIL APPLICATION NO. 60 OF 2026
Mrs Tejashri Abhijit Patil … Applicant
Versus
Mr Abhijit Bapusaheb Patil … Respondent
——————
Mr. Umakant Waghmare for the Applicant.
Ms. Vaishnavi Gaikwad for the Respondent.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 9th October 2026.
PER COURT :
1. Heard Mr. Umakant Waghmare, learned Advocate for the Applicant
and Ms. Vaishnavi Gaikwad, learned Advocate for the Respondent.
2. By the present Application filed under Section 24 of the Code of Civil
Procedure, 1908, the Applicant-wife has sought the following substantive
relief :
“(b) Transfer Petition No. A/60 of 2025, filed by the Respondent under
Section 13(1)(ia) of the Hindu Marriage Act, 1955, and presently
pending before the Learned Judge, Family Court, Sangli, to the file
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of the Learned Judge, Family Court, Kolhapur, in exercise of
powers under Section 24 of the Code of Civil Procedure, 1908.”
3. Ms. Vaishnavi Gaikwad, learned Advocate for the Respondent, states
that the distance between Kolhapur and Sangli is approximately 45
kilometres. She states that Marriage Petition No. A-60 of 2025, filed by the
Respondent against the Applicant, is pending before the Court at Sangli. She
further submits that Darkhast Petition No. 23 of 2025, filed by the Applicant
against the Respondent, is also pending before the Court at Sangli.
4. Ms. Vaishnavi Gaikwad, learned Advocate for the Respondent, states
that the Respondent is ready and willing to pay conveyance charges to the
Applicant for travelling to Sangli to attend the proceedings in Marriage
Petition No. A-60 of 2025. She states that the Respondent shall pay Rs.
1,000/- per date of hearing to the Applicant. She states that the statement is
made on specific instructions from the Respondent. She states that the said
statement be accepted as a statement to the Court.
5. The statement made by Ms. Vaishnavi Gaikwad, learned Advocate for
the Respondent, on instructions from the Respondent, is accepted as an
undertaking given by the Respondent to this Court.
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6. In view of the above, the following order is passed:
(a) The Respondent shall pay an amount of Rs. 1,000/- to the
Respondent for attending each date of hearing fixed by the
Family Court, Sangli, in Marriage Petition No. A-60 of 2025, as
conveyance expenses.
(b) The Respondent shall deposit an amount of Rs. 1,000/- for each
date of hearing, on the date fixed for hearing by the Family
Court, Sangli, in the Registry of the Family Court at Sangli.
Respondent shall be entitled to withdraw the said amount.
7. In view of the fair statement made by Ms. Vaishnavi Gaikwad, learned
Advocate for the Respondent, on instructions from the Respondent, Mr.
Umakant Waghmare, learned Advocate for the Applicant, on instructions
from the Applicant, seeks leave to withdraw this Application.
8. The Misc. Civil Application No. 60 of 2026 is disposed of in the above
terms.
[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.10.09
20:32:25
+0530
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