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Bombay High Court

NEHA GAJANAN JAVALE @ NEHA SANTOSH GAIKAWADversusGAJANAN BALAJI JAVALE

Disposal
APPLICATION ALLOWED

Holding

The petition is to be transferred to the Family Court, Parbhani, as the transfer serves the minor child's convenience without prejudice to the husband.

Summary

The applicant filed an application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Hindu Marriage Petition No.9/2026 from the Civil Judge Senior Division, Basmat to the Family Court, Parbhani. The court noted that the parties have a minor daughter of about two and a half years who resides with the applicant‑wife, and that traveling to Parbhani would cause inconvenience to the child. Considering the child’s welfare and the short distance of roughly 50 km, the court found no prejudice to the respondent‑husband. Accordingly, the application was allowed and the petition was ordered transferred to the Family Court, Parbhani. The Family Court was also directed to permit the respondent to appear via video‑conferencing as deemed appropriate.

Issues considered

  • Whether a Hindu Marriage Petition may be transferred under Section 24 CPC from a Civil Court to a Family Court on the ground of child welfare and convenience.
  • Whether the short distance of 50 km causes any prejudice to the non‑applicant husband, justifying the transfer.
  • Whether the non‑applicant husband may be permitted to appear through video‑conferencing.

Legislation cited

Subjects

  • Section 24 CPC
  • transfer of suit
  • family court jurisdiction
  • Hindu Marriage Petition
  • child welfare
  • video conferencing

Judgment

2026:BHC-AUG:42078


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD


                      935 MISCELLANEOUS CIVIL APPLICATION NO.98 OF 2026


                      NEHA GAJANAN JAVALE @ NEHA SANTOSH GAIKAWAD
                                              VERSUS
                                     GAJANAN BALAJI JAVALE
                                                  ...
                              Mr. U.G. Mitkari, Advocate for applicant
                            Mr. N.B. Jadhav, Advocate for sole respondent
                                                  ...

                                                 CORAM :      ROHIT W. JOSHI, J.

                                                 DATE :       10th SEPTEMBER, 2026


            ORDER :



            .           The present application is filed under Section 24 of the Code of

            Civil Procedure, 1908 seeking transfer of Hindu Marriage Petition No.9/2026

            from the Court of learned Civil Judge Senior Division, Basmat to the learned

            Family Court, Parbhani. Although distance between the two places is only

            around 50 k.ms., minor daughter of the parties aged around two and half

            years is staying with the applicant-wife. In the considered opinion of this

            Court it will be appropriate that the proceeding is transferred from the Court

            of learned Civil Judge Senior Division to the learned Family Court, Parbhani,

            as prayed, having regard to the inconvenience that the daughter may face if
                                     2                           935_MCA_98_2026



the mother takes her for attending the Court proceeding at Parbhani or even

if she leaves her behind. As the distance is hardly 50 k.ms., no prejudice or

hardship will be caused to non applicant-husband in attending the Court

proceeding at Parbhani.    In view of the aforesaid reasons, application is

allowed.


2           Hindu Marriage Petition No.9/2026 is ordered to be transferred

from the Court of learned Civil Judge Senior Division, Basmat to the learned

Family Court, Parbhani.


3           Learned Family Court, Parbhani also requested to permit the non

applicant-husband to appear through Video Conferencing on such dates and

at such stages as may be deemed proper.




                                                ( ROHIT W. JOSHI, J. )




agd


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