Bombay High Court

Archna Mahadev GaikwadversusMahadev Balbhi Gaikwad

Disposal: Allowed

Holding

The marriage petition is to be transferred from the Civil Judge, Senior Division, Baramati to the Family Court, Solapur, as the balance of convenience favors the applicant.

Summary

The applicant, a homemaker caring for a seven‑year‑old son born out of wedlock and an aged mother, filed a miscellaneous civil application under Section 24 of the CPC seeking transfer of a marriage petition (No. 256 of 2023) from the Civil Judge, Senior Division, Baramati to the Family Court, Solapur, citing the 170 km distance and her caregiving responsibilities. The respondent contested the claim that the applicant was a homemaker, alleging she was employed and alleging a past incident of assault. The court, relying on the Supreme Court’s principles in N.C.V. Aishwarya v. A.S. Saravana Karthik, held that the balance of convenience favored the wife’s ease, especially as the respondent offered no evidence of the applicant’s employment. Consequently, the application was allowed, the marriage petition was withdrawn from Baramati and ordered to be transferred to the Solapur Family Court, with a direction that the applicant refrain from abusive conduct. The matter was disposed of after the transfer order.

Issues considered

The appropriateness of transferring a matrimonial proceeding under Section 24 CPC on the ground of inconvenience to the applicant.
Whether the respondent’s allegation of the applicant’s employment, unsupported by evidence, affects the balance of convenience.
The extent to which the court must consider caregiving responsibilities and distance in deciding a transfer.

Legislation cited

Code of Civil Procedure, 1908 — s. 24
Hindu Marriage Act, 1955 — s. 9

Subjects

Section 24 CPC
transfer of suit
family court jurisdiction
marriage petition
convenience of parties
caregiver responsibilities
Hindu Marriage Act
balance of convenience
evidence of employment
domestic violence allegation

Judgment

40-MCA-9-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS CIVIL APPLICATION NO. 9 OF 2025
Archna Mahadev Gaikwad ...Applicant
Versus
Mahadev Balbhi Gaikwad ...Respondent
-------
Mr. Sachin Bhavar i/b Ramji Kotali, Advocate for the Applicant.
Mr. Tejas Hilage i/b Ghanshyam Jadhav, Advocate for the Respondent.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 16th September, 2026.
P.C. :

1. Heard Mr. Sachin Bhavar, learned Advocate for the Applicant and

Mr. Tejas Hilage, learned Advocate for the Respondent.

2. By this Application, filed under Section 24 of the Code of Civil

Procedure, 1908, the Applicant has sought the following substantive

relief in terms of prayer clause (a) :-

(a) This Hon’ble Court be pleased to transfer the
Marriage Petition bearing Marriage Petition No. 256 of 2023
filed U/s. 9 of Hindu Marriage Act 1955 pending in the file of
Ld. Civil Judge Senior Division, Baramati at Baramati to the file
of Ld. Family Court, Solapur, Dist.-Solapur for further
proceeding and hearing in the matter accordingly.

3. The following orders are relevant, as such, are reproduced below:

Arjun 1
40-MCA-9-2025.doc

(a) Order dated 28.02.2025:-
1. Heard the learned counsel for the applicant.

2. Issue notice to the respondent returnable on 25 th April,
2025.

3. In addition to notice through Court, the applicant is at
liberty to serve the respondent by private service and file
affidavit of service.

4. Ad-interim relief granted earlier shall continue to operate
till the next date.

(b) Order dated 04.04.2025:-
1. Not on board. Upon mentioning take on board.

2. In the order dated 28th February 2025, paragraph 4 shall
be substituted to read as under:

“4. In the meanwhile, there shall be an ad-interim
relief in terms of prayer clause (b)”

3. Rest of the order remains unaltered.

4. The Applicant (Wife) seeks transfer of the Marriage Petition No.

256 of 2023, filed by the Respondent (Husband) pending before the

Civil Judge Senior Division, Baramati, to the Family Court, Solapur, on

two grounds: (i) The Applicant is a homemaker responsible for the well-

being of a 7-year-old minor son born out of wedlock to the Respondent.

(ii) The distance between Baramati and Solapur is about 170

kilometers, making travel difficult for the Applicant.

5. Mr. Sachin Bhavar, learned Advocate for the Applicant, states

Arjun 2
40-MCA-9-2025.doc

that the Applicant, in addition to having the responsibility for her seven-

year-old minor son, is also responsible for taking care of her aged

mother, thereby making it very difficult and inconvenient for the

Applicant to travel to Baramati to attend and pursue Marriage Petition

No. 256 of 2023.

6. Mr. Tejas Hilage, learned Advocate for the Respondent, disputes

the Applicant's claim that the Applicant is a homemaker. He submits

that the Applicant is employed with an IT company and draws a

substantial salary. He further submits that the Respondent has

apprehensions about travelling to Solapur, as on one occasion, precisely

on 29.10.2022, the Respondent was assaulted and physically abused by

the Applicant and her family members.

7. Perused the records with the assistance of the learned Advocate

for the parties.

8. The Applicant, a homemaker and the sole caregiver of a minor

son aged 7 years and an aged mother, is before this Court seeking

transfer on the ground of inconvenience. The Respondent is employed

as a Teacher.

Arjun 3
40-MCA-9-2025.doc

9. In N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha 1, the Hon’ble

Supreme Court in paragraph 9 has observed as under:-

“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.

10. Considering the circumstances as stated by the Applicant in this

Application, the inconvenience that would be caused to the Applicant in

travelling to and pursuing the Marriage Petition No. 256 of 2023 in the

Court at Baramati would be far greater than the inconvenience that may

be caused to the Respondent.

11. Respondent has not produced any evidence in support of his

claim that the Applicant is employed.

12. In view of the above, this Application is allowed by withdrawing

Marriage Petition No. 256 of 2023, filed by the Respondent-Husband,

before the Civil Judge Senior Division, Baramati, and transferred to the
1 2022 SCC OnLine SC 1199

Arjun 4
40-MCA-9-2025.doc

Family Court, Solapur.

13. The Applicant shall produce a copy of this order before the

Principal District Judge, Solapur, for assigning Marriage Petition No.

256 of 2023 to the Family Court, Solapur.

14. Mr. Sachin Bhavar, learned Advocate for the Applicant, on

instructions from the Applicant, states that the Applicant shall not

indulge in any abusive conduct, whether verbal or physical and shall

not interfere with the Respondent when the Respondent travels to

Solapur to attend and pursue Marriage Petition No. 256 of 2023. The

statement made by Mr. Sachin Bhavar, learned Advocate for the

Applicant, on the Applicant's instructions, is accepted as a statement to

the Court.

15. Mr. Tejas Hilage, learned Advocate for the Respondent, states

that the statement made by Mr. Sachin Bhavar, learned Advocate for

the Applicant, on the Applicant's instructions, would allay the

Respondent's apprehensions.

16. Miscellaneous Civil Application No. 9 of 2025 is disposed of.

(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA Arjun 5
KRISHNA RODGE
RODGE Date:
2026.09.16
21:23:57
+0530

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