Neeta Hasvinder Kohli v. Hasvinder Singh Kohli
2026:BHC-NAG:6567
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO.37 OF 2026 Neeta Hasvinder Kohli .Vs. Hasvinder Singh Kohli Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S.V. Sirpurkar, Advocate for applicant.
Mr. Rosita Pereira, Advocate for non-applicant. CORAM : ROHIT W. JOSHI, J.
DATE : 27/04/2026 1.
The wife has filed present application under Section 24 of the Code of Civil Procedure, inter alia seeking transfer of HMP No.545 of 2025 from the file of the learned Family Court, Thane to the learned Family Court at Nagpur.
2.
It is not in dispute that the wife is residing at Nagpur along with daughter of the parties, who is now 22 years of age. It is not in dispute that the daughter is unfortunately suffering from some health issues relating to her mental well being. The said fact is evident from the contents of divorce petition filed by the husband. 3.
The transfer petition is primarily filed on the ground of financial hardship, alleging general neglect on the part of the husband in providing for maintenance to the applicant/wife and the children. It is stated that traveling from Nagpur to Thane will cause undue personal and financial hardship to the wife. The husband filed reply denying the allegations. He placed the blame at the
doorstep of the wife for the matrimonial discord. He contended that wife, who is not a working woman, will not suffer any discomfort if the proceeding is not transferred to Nagpur.
4.
The learned advocate for the non-applicant also made a statement, on instructions from husband, that he was ready to bear traveling and other expenses. 5.
The wife filed affidavit in rejoinder, pointing out that the daughter was suffering from medical issues relating to her mental condition. It is stated that it will be inconvenient for the wife as well as the daughter to contest the proceeding at Thane.
6.
Having regard to the medical condition of the daughter, in the considered opinion of this Court, not only the convenience of the parties to the divorce petition but also general convenience and well being of the daughter are also required to be taken into consideration. Since the daughter, although 22 years of age, is suffering from health issues relating to mental health, in the considered opinion of this Court, it will be expedient that the divorce petition is ordered to be transferred from Family Court, Thane to Family Court, Nagpur.
7.
Miscellaneous Civil Application is allowed, directing transfer of HMP No.545 of 2025 from the learned Family Court, Thane to learned Family Court at Nagpur. 8.
In the event the defendant/husband makes an application for appearance through Video Conferencing, the same may be considered favourably and permission to
appear through Video Conferencing may be granted on such dates and at such stages as is deemed appropriate by the learned Family Court.
(ROHIT W. JOSHI, J.) C.L. Dhakate