Sujata Anand Kandhare v. Anand Laxmanrao Kandhare
2025:BHC-AS:43544 Diksha Rane 51. MCA 568-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.568/2024 SUJATA ANAND KANDHARE ..APPLICANT VS.
ANAND LAXMANRAO KANDHARE ..RESPONDENT ------------ Adv. Pramod Kathane a/w. Adv. Krishna Dhere, Adv. Amol Ghurde for applicant.
Adv. Parikrama Khot a/w. Adv. Rohit Patil, Adv. Bhagwat Kakade for respondent.
------------ CORAM :
RAJESH S. PATIL, J.
DATE :
8 OCTOBER 2025.
P.C. :
1.
This application has been filed by the applicant-wife of the respondent-husband seeking transfer of divorce proceeding filed by the respondent-husband before the Civil Judge Senior Division, Pune to the Family Court at Nanded.
2.
It is the case of the applicant-wife that she is staying along with her 4 years old daughter, and she is working with the State Bank of India as a Probationary Officer in Mumbai at Borivali (East) Branch. Her parents are staying at Nanded which is roughly around 670 Kms. away from Mumbai. However, if the husband's divorce proceedings are transferred to Nanded, it would be convenient for her to attend
Diksha Rane 51. MCA 568-24.doc such proceedings as her parents are residing at Nanded who can take care of her daughter while she is attending the Court proceedings. 3.
Learned counsel for the respondent-husband submits that though the Supreme Court in many judgments has considered issue about the transfer of proceedings and the convenience of the wife as given priority, however, in the present proceeding, the transfer from Pune is sought to Nanded, when the wife is staying in Mumbai. 4.
While the judgment is dictated, at this stage, learned counsel for the applicant-wife, on instructions of his clients has made a submission that the divorce proceedings filed by the respondenthusband be transferred from Pune to the Family Court at Bandra, Mumbai. It is also submitted that this application has been preferred as the job profile of the applicant, who is working with the State Bank of India is transferable job, and she can be transferred in any other Branch in any other city where the State Bank of India has branches. It is also submitted that the matrimonial home of the applicant-wife is at Pune. She has, in fact, filed complaint under Section 498-A of the Indian Penal Code which has been transferred to Bhosri Police Station, Pimpri-Chinchwad, which was initially filed as a 'Zero' First Information Report with Nanded Police Station.
Diksha Rane 51. MCA 568-24.doc 5.
I do not find any bonafide in the submissions which have been made by the applicant-wife, as she initially prayed in the Misc. Civil Application for transfer of proceedings from Pune to Nanded and the distance between Pune and Nanded is around 480 Kms., when the applicant-wife is staying in Mumbai city. A subsequent argument that the proceedings be transferred from Pune (where is the husband reside) to Mumbai, it seems to be a last attempt being made by a party to cause inconvenience to the other side. Therefore, I am of the view that there is no merits in this application. 6.
The Misc. Civil Application stands rejected and disposed of accordingly.
(Rajesh S. Patil, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 09/10/2025 14:38:31