Tejaswani Hemant Sapakal v. Hemant Madhukar Sapakal

2026:BHC-AUG:6490

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 MISC.CIVIL APPLICATION NO. 234 OF 2025 Tejaswani Hemant Sapakal

VERSUS

Hemant Madhukar Sapakal ...

Mr. Deshmukh Hemantrao Panditrao, Advocate for Applicant CORAM : Y. G. KHOBRAGADE, J.

Dated : 11th February, 2026 PER COURT :- 1.

Heard learned counsel for the applicant. Despite service non-applicant failed to appear in the matter. 2.

By the present application under section 24 of the Civil Procedure Code, the applicant - wife is seeking transfer of Petition No. A-82 of 2025, pending on the file of the learned Family Court at Satara to the file of learned Civil Judge, Senior Division, Bhusawal, for disposal in accordance with law. 3.

On the face of record, it appears that the marriage between the applicant and the non-applicant was solemnized on 13.02.2020 as per the customs and rites prevailing in their society at Alandi, Pune. After marriage, the applicant cohabited with her husband-non applicant in a joint Hindu family at Satara. Out out the wedlock, the applicant and non applicant are blessed with a

male child, now aged about 4 years. However, due to matrimonial discord, the applicant is residing at her parental house at Warangaon Tq. Bhusawal, Dist. Jalggaon. Subsequently, the non applicant has filed Petition No. A-82 of 2025, before the learned Family Court at Satara, seeking a decree of dissolution of marriage and the said proceeding is pending. The distance between Satara and Warangaon Tq. Bhusawal is about 475 kms.

4.

As per section 24 of the Civil Procedure while transferring a proceedings from one court to another, the convenience of the lady, who is required to attend the proceeding, is required to be considered. Needless to say, the applicant-wife is nurturing a minor child aged about four years. Therefore, it would be inconvenient for her to travel with the child and bear the travelling expenses to attend the proceedings at Satara from her parental hosue. Therefore, considering the convenience of the applicant lady, it is necessary to withdraw Petition No. A-82/2025 pending on the file of the learned Family Court, Satara and the same transfer to the Court of the learned Civil Judge, Senior Division, Bhusawal, District Jalgaon for disposal in accordance with law.

5.

In view of the above discussions, following order is passed:

O R D E R

(1) Misc. Civil application is allowed.

(2) Petition No. A-82/2025 pending on the file of learned Family Court, Satara is hereby transferred to the file the learned Civil Judge, Senior Division, Bhusawal, District Jalgaon for disposal in accordance with law. (3) The order be communicated to the concerned courts. ( Y. G. KHOBRAGADE, J. ) JPChavan