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
- Code of Civil Procedure, 1908 — s. 24
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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