Shaheen Hussain Tashewale v. Hussain Mehbub Tashewale

2026:BHC-AS:8790 Diksha Rane 20 MCA 458 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION 20 MCA/458/2025 Shaheen Hussain Tashewale VS Hussain Mehbub Tashewale ------------ Adv. Vilas Somvanshi a/w. Adv. Mahesh Lohar, Adv. Aditya Shinde, Adv. Prashant Mahajan for the applicant.

Adv. Mayur Salunke through VC for respondent. ------------ CORAM :

RAJESH S. PATIL, J.

DATE :

18 FEBRUARY 2026.

P.C. :

1) By the present transfer application, the applicant - wife of the respondent is seeking transfer of the restitution petition filed by the respondent - husband before the Family Court at Pune to the Family Court at Belapur.

2) It is the case of the applicant that the distance between Belapur and Pune is around 140 kms. The respondent is having an extra marital affair and in the notice addressed by him on 15/5/2024, which is enclosed to present Misc. Civil Application at page 37, it

Diksha Rane 20 MCA 458 2025.doc states that the applicant and her family members should go to the house of the respondent and by an affidavit duly affirmed, they should apologize to the respondent. It is further stated by the applicant that for the applicant it is difficult to travel to Pune to attend the Court proceedings and return back on the same day as there is no male member to accompany her to attend the Court proceeding at Pune. Her father is truck driver, it is inconvenient for her to attend the Court proceeding at Pune 3) Learned counsel for the respondent has submitted that the respondent is ready to bear the travelling expenses of the applicant to attend the Court proceeding at Pune. He submits that the respondent is ready to stay with the applicant.

He has denied the submissions made by learned counsel for the applicant that the respondent has an extra marital affair. He submits that there is no such submission made in the notice that the applicant and her family members to give apology on affidavit, only the reference is of a stamp paper. He has opposed the transfer of the respondent's proceedings from Pune to Belapur.

4) Heard learned counsel for the parties and I have gone through the documents on record.

Diksha Rane 20 MCA 458 2025.doc 5) The Hon'ble Supreme Court in case of N.C.V. Aishwarya vs. A.S.Saravana Karthik Sha, reported in 2022 SCC OnLine SC 1199 has held that the convenience of the wife has to be seen for the transfer proceedings. Paragraph no.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 the 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) 6) Considering the law laid down by the Hon'ble Supreme Court in case of N.C.V. Aishwarya (supra) and the facts of the present case, I am convinced that this Misc. Civil Application needs to be allowed. 7) Misc. Civil Application stands allowed in terms of prayer clause (a).

7.1) The proceedings of Marriage Petition No. A-1699 of 2024 pending before the Family Court at Pune, be transferred within a period of four weeks from today to the Family Court at CBD Belapur.

7.2) Learned counsel for the applicant is hereby permitted to

Diksha Rane 20 MCA 458 2025.doc convey the order passed today to the Family Court at Pune, and file affidavit to that effect within a period of two weeks from today.

7.3) Similarly, Registrar (Judicial-I) is hereby directed to communicate the order passed today to the Registrar of the concerned Court by E-mail.

8) Misc. Civil Application stands disposed of accordingly. (Rajesh S. Patil, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 20/02/2026 19:06:53