Reshma Prafull Waidande v. Prafull Ankush Waidande

902-MCA-321-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 321 OF 2025 Reshma Prafull Waidande ... Applicant

Versus

Prafull Ankush Waidande ... Respondent *** Mr. Kalel Laxman Kisan for the Applicant.

Mr. Saurabh P. Tandale for the Respondent.

***

CORAM

: M.W. CHANDWANI, J.

DATE : 17th April, 2026.

P. C. :

1.

Heard the learned counsels for the parties.

2.

The Applicant seeks transfer of Divorce Petition No. 1641 of 2024, pending before the learned, 13th Joint Civil Judge, Senior Division, Pune to the Family Court at Sangli.

3.

It is contended that the divorce proceedings as well as the criminal prosecution under Section 498-A are pending before the Court at Sangli. It is further submitted that although the Applicant is presently residing in Pune, her parents reside at Sangli. Reliance is placed on the judgment of the Hon'ble Apex Court in N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha1, 2022 SCC Online SC 1199 Shubham

902-MCA-321-2025.doc wherein it has been held that the convenience of the wife must be considered while deciding an application for transfer.

4.

The Application is opposed by the Respondent on the ground that the Applicant is residing in the Respondent's house at Pune and is employed there. It is contended that the present Application has been filed only with a view to harass the Respondent.

5.

The fact that the Applicant is residing in Pune, in the house of the Respondent, is not disputed. The Applicant is also employed at CAVISTA Technology Private Limited, Pune. In view of these circumstances, this Court does not find merit in the submission that it would be more convenient for the Applicant to attend proceedings at Sangli rather than Pune. Consequently, the decision in N.C.V. Aishwarya (supra) does not assist the Applicant. 6.

Accordingly, the Application stands dismissed. [ M.W. CHANDWANI, J. ] Digitally signed by TALLE SHUBHAM ASHOKRAO Date:

2026.04.18 10:32:24 +0530 TALLE SHUBHAM ASHOKRAO Shubham