904-MCA-410-2023 (C).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO. 410 OF 2023 Anita Devendra Kamble … Applicant Versus Devendara Gulabrao Kamble … Respondent ---- Ms. Swapna Pramod Kode for the Applicant. Mr. Vaibhav R. Gaikwad for the Respondent. ------- Coram : ASHWIN D. BHOBE, J. Date : 28th August 2026. PER COURT : 1. Heard, Ms. Swapna Kode, learned Advocate for the Applicant and Mr. Vaibhav Gaikwad, learned Advocate for the Respondent. 2. By the present Application filed under Section 24 of the Civil Procedure Code 1908, the Applicant (wife) seeks the transfer of the Hindu Marriage Petition No. 292 of 2021, pending before the 11th Jt. Civil Judge Senior Division, Satara, to the Court of Civil Judge Senior Division, Daund, Pune. Prayer clause (a) reads as follows:- “(a) That this Hon'ble Court to transfer the proceedings of the osk 1 of 4 904-MCA-410-2023 (C).docx Marriage Petition No 292 of 2021 pending on the file of the 11th Joint Civil Judge Senior Division, Satara to the Hon'ble Court, Joint Civil Judge Senior Division Daund, Pune on such terms and conditions as this Hon'ble Court may deem fit in the interest of Justice.” 3. At the outset, Mr. Vaibhav Gaikwad, learned Advocate for the Respondent, states that although Ms. Swapna Kode, learned Advocate for the Applicant, has referred to the Hindu Marriage Petition No. 292 of 2021 as pending before the 11th Civil Judge, Senior Division, Satara, the said petition is actually pending before the Family Court at Satara. 4. The grounds on which the Applicant (the wife) seeks the transfer are threefold:- (i) The Applicant is 63 years of age. As such, it is inconvenient for her to attend and pursue the proceedings in District Satara. (ii) That the Applicant is a housewife and has no source of income. (iii) The proceedings under Section 498A of the IPC (85 of BNS, 2023) filed by the Applicant are pending in the Court of the Judicial Magistrate First Class, Daund, Pune, wherein the Respondent and his family members are parties. 5. Mr Vaibhav Gaikwad, learned Advocate for the Respondent, submits that the Respondent is also about 65 years of age and that the Applicant, if osk 2 of 4 904-MCA-410-2023 (C).docx required, can appear in Hindu Marriage Petition No. 292 of 2021 through the V.C. mode. 6. Perused the records. 7. In the case of N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha1, in para No. 9, it has been observed as under:- “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.” 8. As the request for transfer is made by the homemaker (aged 63 years) on the ground of inconvenience, coupled with the fact that she has no source of income and considering that the inconvenience that would be caused to the Applicant would be much greater than the inconvenience that may be caused to the Respondent, the ends of justice would be met if this Application 1 2022 SCC OnLine SC 1199 osk 3 of 4 904-MCA-410-2023 (C).docx is allowed. Proceedings under section 498A of the IPC, filed by the Applicant against the Respondent and his family members, are also pending before the Judicial Magistrate First Class, Daund, Pune. 9. In view of the above, Hindu Marriage Petition No. 292 of 2021, pending before the Family Court at Satara, stands withdrawn and transferred to the Court at Daund, Pune, which has jurisdiction to try family and marital disputes. 10. The Principal District Judge, Pune is requested to allot Hindu Marriage Petition No. 292 of 2021 to the Court having jurisdiction to try family and marital disputes at Daund, Pune. 11. Misc. Civil Application No. 410 of 2023 is allowed. 12. The Applicant shall place a copy of this order before the Principal District Judge, Pune. [ ASHWIN D. BHOBE, J. ] osk 4 of 4 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.08.31 12:14:54 +0530