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Bombay High CourtMCA/301/2025application allowed

Komal Ravi Wahule v. Ravi Laxman Wahule

2026-01-13Hon'Ble Shri Justice Y. G. Khobragade3 pages

2026:BHC-AUG:1522

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 MISC.CIVIL APPLICATION NO. 301 OF 2025 Komal Ravi Wahule

VERSUS

Ravi Laxman Wahule ...

Ms. Neha Udavant h/for Mr. S. J. Salunke, Advocate for Applicant CORAM : Y. G. KHOBRAGADE, J.

Dated : 13th January, 2026 PER COURT :- 1.

Heard learned counsel appearing for the applicant. 2.

Leave granted to correct prayer clause (B) about transfer of the proceeding to the file of the learned Family Court, Chh. Sambhajinagar (Aurangabad ), instead of the court of the learned C.J.S.D., Chh. Sambhajinagar (Aurangabad) 3.

By the present application under section 24 of the Civil Procedure Code, the applicant wife is seeking transfer of Civil Misc. Application No. 5 of 2025 (Ravi Vs. Komal), pending on the file of learned 2nd Joint Civil Judge, Senior Division, Jalna to the file of learned Family Court, Chh. Sambhajinagar (Aurangabad). 4.

The learned counsel for the applicant-wife submitted that, the non-applicant subjected the applicant to ill-treatment

and she was driven out of her matrimonial house, as a result of which she started residing with her parents within the jurisdiction of Family Court, Chh. Sambhajinagar and it is inconvenience for her to attend the proceeding filed by the non applicant at Jalna. 5.

As per section 24 of the Civil Procedure while transferring proceedings from one court to another, the convenience of the lady, who is required to attend the proceeding, is required to be considered. Though the non applicant is served with notice, he remained absent, which shows his implied consent for transfer of the said proceeding. Therefore, considering the nature of dispute of the applicant lady, it is would be just and proper to transfer Civil Misc. Application No. 5 of 2025 (Ravi Vs. Komal), pending on the file of learned 2nd Joint Civil Judge, Senior Division, Jalna to the file of the learned Family Court, Chh. Sambhajinagar (Aurangabad) for disposal in accordance with law.

6.

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

O R D E R

(1) Misc. Civil application is allowed.

(2) Civil Misc. Application No. 5 of 2025 (Ravi Vs. Komal),, pending on the file of learned 2nd Joint Civil Judge, Senior Division, Jalna is hereby transferred to the Court of the

learned earned Family Court, Chh. Sambhajinagar (Aurangabad), for disposal in accordance with law. (3) The order be communicated to the concerned courts. ( Y. G. KHOBRAGADE, J. ) JPChavan