Sow Vaishali Vaijnath Nimbalkar v. Vaijnath So Manikrao Nimbalkar

2026:BHC-AUG:6494

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 942 MISC.CIVIL APPLICATION NO. 254 OF 2025 Sow Vaishali Vaijnath Nimbalkar

VERSUS

Vaijnath So Manikrao Nimbalkar ...

Mr. Kadam Annasaheb Shridharrao, Advocate for Applicant Mr. Gaurav L. Deshpande, Advocate for Respondent CORAM : Y. G. KHOBRAGADE, J.

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

Heard learned counsel for appearing for the applicant and the learned counsel for the non-applicant. 2.

Leave granted to correct the prayer clause.

3.

By the present application under section 24 of the Civil Procedure Code, the applicant wife is seeking transfer of Hindu Marriage Petition No. 87/2024 pending on the file of the learned Civil Judge, Senior Division, Ausa, District Latur to the file of learned Civil Judge, Senior Division at Pimpri District Pune for disposal in accordance with law.

4.

It is contended on behalf of the applicant that the non applicant is residing at Chinchwad, District Pune, however he has filed Hindu Marriage Petition No. 87/2024 before the learned

Civil Judge, learned Civil Judge, Senior Division, Ausa, District Latur Senior Division at Pimpri, District Pune. The applicant is residing at Pune and therefore, it will be inconvenient for her to to travel from Pune to Ausa District Latur.

5.

Mr. Deshpande, the learned counsel appearing for the non applicant strongly opposed the application stating that the non applicant is presently residing at Pune. The applicant wife is presently residing at Talni Tq. Ausa District Latur and therefore the applicant can pursue the said proceeding before the competent Court at Ausa. No substantial grounds have been set out by the applicant for transfer of the said proceeding and prayed for rejection of the application.

6.

Needless to say that the applicant has given her detail address as Flat No. 1206, Shinde Vasti, Pipeline Road, Near Kashi Veg Restaurant, Pimpri Chinchwad, District Pune and the non applicant is residing at Saundarya Edifice, 304 , Udyognagar, Chinchwad, Pune. Merely, the non applicant has mentioned address of the present applicant as Talni Tq. Ausa District Latur in HMP NO. 87 of 2024 it does not confer jurisdiction to Ausa. Not only this, the applicant certainly will find difficulty and inconvenience to attend the proceedings before the learned Civil Judge, Senior Division, Ausa. Therefore, considering the nature

of dispute and convenience of the applicant- lady, it would be just and proper to withdraw Hindu Mari-age Petition No. 87 of 2024 from the file of learned Civil Judge, Senior Division, Ausa, District Latur to and transfer the same to the file of learned Civil Judge, Senior Division, Pimpri, District Pune for disposal in accordance with law.

7.

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

O R D E R

(1) Misc. Civil application is allowed.

(2) Hindu Marriage Petition No. 87 of 2024 pending on the file of learned Civil Judge, Senior Division, Ausa, District Latur is hereby transferred to the file of learned Civil Judge, Senior Division, Pimpri, District Pune for disposal in accordance with law.

(3) The order be communicated to the concerned courts. ( Y. G. KHOBRAGADE, J. ) JPChavan