Jaykumar Pundlik Bondse v. Komal Jaikumar Bondse

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 229 OF 2025 ANAND SUDHAKAR SUDAME Jaykumar Pundlik Bondse & ors.

..Applicants

Versus

Komal Jaikumar Bondse ..Respondent ANAND SUDHAKAR SUDAME Date: 2025.12.02 17:10:21 +0530 Ms. Pooja Pandey i/b. Mr. Anand Pande, Advocates, for the Applicants None for the Respondent CORAM : RAJESH S. PATIL, J.

DATE : 28.11.2025 P. C.

1.

This is an Application filed by Applicant No. 1, who is the husband of the Respondent and Applicant Nos. 2 and 3, are the in-laws of the Respondent, seeking transfer of the D. V. proceedings filed by the Respondent before the learned JMFC, Nagpur to the Magistrate's Court, Mira Road, Thane.

2.

It is his case that Applicant Nos. 2 & 3 are father and mother respectively of Applicant No. 1. Applicant No. 2 is suffering from brain stroke and in partially, paralyzed. Applicant No. 3, who is aged 65 years has to take care of Applicant No. 2 due to his illness. Applicant No. 1 is working on contract basis and it is very difficult for Applicant No. 1 to travel to Nagpur to attend the D. V. proceedings which is

around 760 Km from Mira Road, Thane.

3.

The Supreme Court in the case of N. C. V. Aishwarya vs. A. S. Sarvana Karthik Sha, reported in 2022 SCC OnLine SC 1199 has held that considering transfer proceedings, convenience of the wife has to be taken into consideration. Paragraph 9 of the said Judgment reads 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 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) 4.

Considering the law as laid down in the case of N. C. V. Aishwarya (supra) and more particularly in para 9 therein and as this Court is not inclined to entertain this Application, Ms. Pandey, learned Counsel for the Applicants seeks leave to withdraw the aforesaid Application with liberty to permit the Applicants to attend the Court proceedings through VC mode on the ground which has been argued

by her noted by me in the earlier paragraph. Though none appears for the Respondent, the Applicant has desire to withdraw the Application and to attend the Court proceedings at Nagpur through VC mode. I am convinced that leave as sought for by the Applicant is reasonable. 5.

Leave and liberty as prayed for is granted.

6.

The Miscellaneous Civil Application stands disposed of as withdrawn with liberty to the Applicants to attend the Court proceedings before the learned JMFC, Nagpur through VC mode. However, when the learned Judge is of the view that the Applicants should attend the Court proceedings physically then the Applicants will have to attend the Court proceedings physically before the learned JMFC, Nagpur.

(RAJESH S. PATIL, J.)