Shweta Akash Bhosale Alias Shweta Changdeo Kadam v. Akash Manikrao Bhosle
2026:BHC-AS:13728 Diksha Rane 37 MCA 472 2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 472/2025 SHWETA AKASH BHOSALE ALIAS SHWETA CHANGDEO KADAM ..APPLICANT VS AKASH MANIKRAO BHOSLE ..RESPONDENT ------------ Adv. Kishor Hase for applicant.
None for respondent.
------------ CORAM :
RAJESH S. PATIL, J.
DATE :
16 MARCH 2026.
P.C. :
1) On 16/2/2026, Advocate Ms. Swati Singh appeared in present proceeding and undertook to file vakalatnama on behalf of the respondent. However, none appears on behalf of the respondent, when the matter is called out for hearing.
2) By present proceeding, the applicant-wife of the respondent is seeking transfer of husband's divorce proceeding filed before the C.J.S.D., Satara, to the Family Court at Belapur, Navi Mumbai. 3) It is the applicant's case that she is residing along with her parents at Airoli, Navi Mumbai, District Thane, which is near to Belapur. She has already filed the domestic violence proceeding before the J.M.F.C., Belapur, Navi Mumbai. The distance between
Diksha Rane 37 MCA 472 2025.doc Satara and Belapur is around 235 kms., and to travel from Belapur to Satara by road takes around five hours. Learned counsel for the applicant further submits that the respondent, in fact was staying at Airoli and with ulterior motives shifted to Satara and has filed the proceedings before the C.J.S.D. at Satara, District Satara. It will be inconvenient for the applicant to travel to Satara to attend the Court proceeding and to return back on the same day. There is no male member in her family to accompany her to attend the Court proceedings.
4) 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) +99
Diksha Rane 37 MCA 472 2025.doc 5) In view of the law laid down in the of N.C.V. Aishwarya (supra) and considering the facts of the present proceeding, I am convinced that the present Miscellaneous Civil Application requires to be allowed.
6) The present Miscellaneous Civil Application stands allowed in terms of prayer clause (a).
7) The proceedings of Matrimonial Petition No. 131 of 2025 pending before the C.J.S.D. at Satara, District Satara, be transferred to the Family Court at Belapur, Navi Mumbai, within a period of four weeks from today.
8) Learned counsel for the applicant is hereby directed to convey the order passed today to the C.J.S.D. at Satara, District Satara, and file affidavit to that effect within a period of two weeks from today. 9) Similarly, Registrar (Judicial-I) is hereby directed to communicate the order passed today to the Registrar of the concerned Court by E-mail.
(Rajesh S. Patil, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 23/03/2026 17:51:41