Pratima Rohan Otari v. Rohan Ashok Otari

48-MCA-27-2026 (C).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by HARISH VITHAL CHAUDHARI Date:

2026.04.27 18:24:06 +0530 CIRCUIT BENCH AT KOLHAPUR HARISH VITHAL CHAUDHARI CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO. 27 OF 2026 Pratima Rohan Otari ...Applicant

VERSUS

Rohan Ashok Otari

...Respondent

*** Mr. Harshvardhan Patil h/f Rohini Apte for the Applicant. Mr. Niranjan D. Tiwari a/w Abhijeet S. Desai, R. S. Pawar & R. D. Mutnale for the Respondent.

***

CORAM

:

M. W. CHANDWANI, J.

DATE :

21st APRIL, 2026.

P.C.

1.

Heard the learned counsel for the Applicant and the learned counsel for the Respondent.

2.

By this Application, the Applicant seeks transfer of the Marriage Petition No. A-300/2025 from Family Court, Kolhapur to Family Court, Sangli.

3.

It is the contention of the learned counsel for the Applicant that, the Respondent aggrieved by the order passed in PWDVA No. 29 of 2022 has already preferred an Appeal before the Additional Session Judge, Sangli. The Respondent therefore already has to attend the proceedings at Sangli as well as attend the other proceedings pending before the JMFC Court Miraj, Dist. Sangli. The Applicant is a Assistant Professor and working at Shriram College of Architecture, Paniv, Tal. Mhalshiras, Dist. Solapur. Therefore, it will be convenient for the Applicant if the matter is transferred from Family Court, Kolhapur to Family Court, Sangli. Harish

48-MCA-27-2026 (C).DOC 4.

The learned counsel for the Respondent opposes the present Application on the ground that even the Applicant did not appear before the JMFC, Miraj, Sangli. Further, only for the convenience, the matter cannot be transferred.

5.

The pendency of the PWDVA No.29/2022 before the Additional Session Judge Sangli filed by the Respondent is not disputed. Two other proceedings are pending before the JMFC Court Miraj, Dist. Sangli. The fact remains that the Respondent otherwise attends the said proceedings. Whereas, the Applicant is a working women and therefore, it is difficult for her to travel from Sangli to Kolhapur on every date. Therefore, it will be convenient for both the parties to attend the proceedings at Sangli. 6.

So far as the statement of the learned counsel for the Respondent is concerned, the Hon'ble Apex Court in case of N.C.V. Ahwarya Vs. A. S. Saravana Karthik Sha [(2022) SCC Online SC 1199] has held that, the convenience of the wife is required to be taken into consideration while considering the transfer of case. Therefore, the case is made out for transfer of Marriage Petition filed by the Respondent at Family Court, Kolhapur to Family Court, Sangli. Hence the order: I.

The Application is allowed.

II.

The Marriage Petition No. A-300/2025 pending on the file of Family Court, Kolhapur is directed to be transferred to Family Court, Sangli.

III.

Both the parties shall appear before the Family Court, Sangli.

[M. W. CHANDWANI, J.] Harish