Suvarna Lajras Adakul v. Lajras Kurmaiya Adakul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 328 OF 2025 ANAND SUDHAKAR SUDAME Suvarna Lajras Adakul ..Applicant

Versus

Lajras Kurmaiya Adakul ..Respondent ANAND SUDHAKAR SUDAME Date: 2025.12.10 19:06:58 +0530 Mr. Milind Ingole a/w. Ms. Aishwarya Gaikwad & Ms. Manisha Bansode, Advocates, for the Applicant CORAM : RAJESH S. PATIL, J.

DATE : 09.12.2025 P. C.

1.

On 18.11.2025, the following order was passed which reads as under :- "1) Mr. Ingole, learned advocate appearing for the applicant submits that the settlement talks have failed. He submits that the respondent-husband is appearing in the present proceedings who has informed him that he will not remain present today in Court.

2) Mr.Ingole, learned advocate is hereby directed to give one notice to the respondent informing him the next date of the hearing. The said notice be sent by speed post at the address of the respondent which is mentioned in the proceedings and file affidavit of service before the next date of the hearing.

3) In the present transfer proceeding, the applicant, wife of the respondent is seeking transfer of the DV proceeding filed by her at Solapur to Alibaug. The reason for transfer as mentioned in the present Miscellaneous Civil Application is that she was earlier working as a junior

clerk with the Solapur Civil Hospital and now she is transferred to Alibaug Civil Hospital and the distance between Solapur and Alibaug is around 421 kms. She is staying alongwith her two children, daughter is aged 18 years old and is studying for NEET and a son is 16 years of age is studying in 10th standard. It will be inconvenient for the applicant to travel from Alibaug to Solapur to attend the Court proceeding. Therefore, a transfer has been sought.

4) As the respondent is not present today when the matter is called out, stand over to 9 December, 2025." 2.

Though on one of the earlier occasions, the Respondent was present in person. However, on the last occasion, none appeared on behalf of the Respondent and even today, none appears on behalf of the Respondent. It seems that the Respondent is not interested in appearing in the present proceeding to contest the present proceeding. Hence, I have proceeded further with the hearing of the proceeding. 3.

The Applicant - wife is seeking transfer of her own D. V. proceeding filed by her at Solapur and she is seeking transfer of the same to Alibaug, as she has shifted her job to the Government Medical College, Alibaug as Junior Clerk. She is staying with her two children aged 18 & 16 years.

4.

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) 5.

Considering the law as laid down in the case of N. C. V. Aishwarya (Supra) and the fact that the Applicant is seeking transfer of her own proceeding, I am convinced that the MCA requires to be allowed.

6.

The Miscellaneous Civil Application stands allowed in terms of prayer clause (a).

6.1 The proceeding, being the PWDV Application No. 1362 of 2017 pending before the Judicial Magistrate First Class, Solapur be transferred to the Judicial Magistrate First Class, Alibaug within a period of four weeks from today.

6.2 The hearing of the PWDV Application No. 1362 of 2017 is hereby

expedited.

6.3 Learned Counsel for the Applicant is hereby directed to convey the order passed today to the Judicial Magistrate First Class, Solapur who is hearing the matrimonial proceedings and file Affidavit to that effect within a period of two weeks from today. 6.4 Similarly, Registrar (Judicial - I) is hereby directed to communicate the order passed today to the Registrar of the Judicial Magistrate First Class, Solapur by E-mail.

(RAJESH S. PATIL, J.)