Mrs. Manisha Rakesj Sangale v. Rakesh Machindra Sangale
2025:BHC-AS:40322 Diksha Rane 64 MCA 365-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.365/2024 MRS. MANISHA RAKESH SANGALE ..APPLICANT VS RAKESH MACHINDRA SANGALE ..RESPONDENT ------------ None for applicant.
None for respondent.
------------ CORAM :
RAJESH S. PATIL, J.
DATE :
24 SEPTEMBER 2025.
P.C. :
1.
On 17 September 2025, following order was passed by this Court.
1) This is an application filed by the applicant-wife, seeking transfer of divorce proceeding filed by the husband at Family Court, Belapur, Navi Mumbai, to Family Court at Nashik. 2) It is the case of the applicant-wife that after there was disturbance in her marriage life with her husband-respondent, she is staying with her parents at Nashik. She had initially filed an application under Section 9 of the Hindu Marriage Act, 1955, with Family Court, Nashik, for restitution of conjugal rights. So also, she had filed a domestic violence proceeding before the JMFC, Nashik. Her father is suffering from paralysis. She is not a working woman. The respondent-husband is working in Shreeji Technology at Navi Mumbai and also, running his own business in the name of Shreeji Enterprises, Navi Mumbai. He is earning 1 lakh per month as salary from service ₹ and from business. There is more inconvenience to the applicant than to the respondent.
3) The office note shows that the respondent has been duly served. However, none represents the respondent when the matter is called out.
4) In order to grant one more chance to the respondent to make
Diksha Rane 64 MCA 365-2024.doc submissions in the present proceeding, stand over to 24.09.2025. It is made clear that in case the respondent does not appear on the next date of hearing through his advocate, the matter will proceed further in his absence.
5) In the meantime, till the next date of the hearing, there shall be ad-interim relief in terms of prayer clause B. 2.
The respondent-husband has not been represented in this Court despite a chance given by this Court vide Order dated 17 September 2025.
3.
It is submitted by the applicant - wife that the applicant-wife being not working woman and staying with her parents in Nashik, her father being suffering from Paralysis. The respondent-husband, as per the case of the applicant-wife, is working in Navi Mumbai and is also running his own business. It appears that though duly served, the respondent-husband is not interested in filing an appearance of advocate to defend him.
4.
Considering the law laid down by the Supreme Court in the case of N.C.V. Aishwarya Versus A.S. Saravana Karthik Sha, reported in 2022 SCC OnLine SC 1199, wherein the Supreme Court states that it is the convenience of the wife which has to be taken into consideration while dealing with the transfer proceeding. Paragraph 9 of the said decision 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
Diksha Rane 64 MCA 365-2024.doc 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.
(Emphasis supplied) 5.
After going through the submissions made in the Misc. Civil Application, I am of the opinion that it is the wife who is more at inconvenience if the proceedings filed by the husband continues at Belapur, New Mumbai, hence, Misc. Civil Application stands allowed in terms of prayer clause (A), which reads as under:- A) The MP No.A-524 of 2024 pending before the Ld. Family Court, Belapure be transferred to the Hon'ble Family Court at Nashik.
6.
The Family Court at Belapur, Navi Mumbai, is hereby directed to transfer the proceedings M.P. No. A 524 of 2024 pending before the Family Court, Belapur, to the Family Court at Nashik within a period of four weeks from today.
7.
Misc. Civil Application is disposed of accordingly. 8.
All concerned to act on an authenticated copy of this order. (Rajesh S. Patil, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 24/09/2025 20:14:09