Shweta Amar Daware v. Amar Raju Daware

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.404 OF 2024 Shweta Amar Daware ... Applicant V/s.

Amar Raju Daware ... Respondent ____________________________________ Mr. Akash K. Kotecha a/w S. S. Kadtanf, Advocate for the Applicant.

Mr. Aniket Pawar Advocate for Respondent (Through V.C.). ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 12th September 2025 P.C.:

1.

The present Miscellaneous Civil Application has been filed by the Applicant / Wife seeking a transfer of marriage petition filed by the Husband before the Civil Judge, Senior Division, Thane seeking divorce, to Family Court at Latur. 2.

It is the case of the Applicant that she is staying with her parents at Latur along with her five years old daughter. The Applicant further state that she is housewife and the Respondent is working in a pharma company at Thane.

3.

The Applicant had initially filed a complaint with the women cell Latur. In retaliation, the husband filed a divorce proceedings at Thane to harass the Applicant and her family. The Applicant has

also filed a Domestic Violence complaint before the Chief Judicial Magistrate, Latur.

4.

Hence in the interest of justice it will be convenient for all the parties if the proceedings at Thane are transferred to Family Court at Latur. Mr. Pawar appearing for the Respondent has opposed this Application. He submits that the Respondent / Husband is ready to pay the expenses of traveling to the Applicant / Wife each date of the hearing before the Civil Judge, Senior Division, Thane.

3.

Supreme Court in the Judgment of N.C.W. Aishwarya Vs. A. S. Saravana Karthik Sha reported in 2022 SCC OnLine SC 1199 in Para Nos. 9 held 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.

[Emphasis Supplied] 6.

Considering the law as laid down by the Supreme Court and the facts of the present case, as narrated in Miscellaneous Civil Application, as also considering the distance between Latur and

Thane which is around 500 k.m. I am of the opinion that the present Miscellaneous Civil Application requires to be allowed. 7.

The Miscellaneous Civil Application is allowed in terms of prayer clause (a) which read as under:

a. This Hon'ble Court may kindly be pleased to transfer the proceeding bearing Marriage Petition No.430 of 2023 which is pending before the Ld. 4th Joint Judge Senior Division and Additional CJM, Thane at Thane to the Ld. Family Court at Latur.

(RAJESH S. PATIL, J.)