Jayshree Amol More v. Amol Dadaso More
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.7 OF 2025 Jayshree Amol More ... Applicant V/s.
Amol Dadaso More ... Respondent ____________________________________ Mr. Aditya Kathave i/by Mr. Sumedh S. Modak, Advocate for the Applicant.
None for the Respondent.
____________________________________
CORAM
: RAJESH S. PATIL, J.
DATED : 19th September 2025 P.C.:
1.
The present Transfer Application the Applicant-Wife is seeking transfer of the Divorce Petition filed by the Husband before the Civil Judge, Senior Division, Baramati, Pune to the Court of Civil Judge, Senior Division, Kalyan.
2.
It is the case of the Applicant-Wife that she is residing with her parents at Badlapur. She is pursuing her further studies and due to the said reason the Husband has forced her to leave the house. The Applicant is not a working lady. The Husband with an ulterior motive has filed a proceeding for divorce at Baramati. The distance between the Badlapur to Baramati is around 255 k.m. and the journey would be around 4 hours. Therefore it is difficult for the Applicant-Wife to travel to Baramati to attend the Court proceedings and come back to her home on the same day. She does
not have any male member who could accomany her to attend Court proceedings. Whereas if the proceedings are transferred to the Badlapur the Respondent-Husband can travel to Badlapur to attend the Court proceedings. The counsel appearing for the Applicant-Wife has also emphasized the judgment passed by the Supreme Court in the Judgment of N.C. V. Aishwarya Vs. A. S. Saravana Karthik Sha reported in 2022 SCC OnLine SC 1199 and more particularly para 9 of the said Judgment. 3.
Nobody appeared on behalf of the Respondent though Vakalatnama has been filed by an Advocate.
4.
The Counsel for the Applicant submitted that as the Respondents were not appearing in the proceeding earlier, he by an e-mail dated 11th September 2025 had communicated to the Advocate appearing for the Respondent about the dates of the hearing.
5.
The Supreme Court in the case of N.C.V. Aishwarya Vs. A. S. Saravana Karthik Sha (supra) has held that convenience of the wife has to be looked into while deciding the transfer application. Para 9 of the said judgment reads 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 oof 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. (Emphasis Supplied) 6.
In the present proceeding the distance between Badlapur and Baramati Court is around 255 k.m. The journey which will take around 4 hours to travel. Therefore it will be impossible for a lady to travel in a day for 4 hours and come back home again in 4 hours.. Hence she would have to stay overnight at Baramati on the dates of the hearing.
7.
In para 8 ground No (iv) and (v) the Applicant has stated that the parents of the Applicant will not be able to travel with her to Baramati and she being a lady it will be inconvenient for her to travel and attend the proceedings at Baramati and she does not have any place to stay at Baramati.
8.
Considering the law as laid down by the Supreme Court in Aishwarya (supra) and the facts of the present case I am satisfied that the case is made out to allow the present Miscellaneous Civil Application.
9.
The Miscellaneous Civil Application is allowed in terms of prayer clause (b).
10.
The Civil Judge, Senior Division, Baramati, Pune is hereby directed to send the papers and proceedings of Marriage Petition No.400 of 2024 to the Civil Judge, Senior Division, Kalyan within 4 weeks from today.
(RAJESH S. PATIL, J.)