906-MCA-164-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 164 OF 2024 Neha Wo Anil Pawar @ Neha Do Lobha Rathod ...Applicant Versus Anil So Ramaji Pawar ...Respondent ---- Mr. Sachin Hande (through VC) a/w Vishal Hande, for the Applicant. Mr Vishwajit Nalawade i/b Sachinkumar Rajepandhare, for the Respondent. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 28th August, 2026. P.C. : 1. Heard, Mr. Sachin Hande, learned Advocate for the Applicant and Mr. Vishwajit Nalawade, learned Advocate for the Respondent. 2. By the present Application filed under Section 24 of the Code of Civil Procedure, 1908, the Applicant (wife) has sought the following substantive relief as prayed for in clause (B):- B. This Hon’ble High Court may pleased to transfer the Petition A-209 of 2023 pending before the Learned Family Court, Solapur filed by the Respondent husband under section 9 of the Hindu Marriage Act to the Family Court at Pune. 3. Mr. Sachin Hande, learned Advocate for the Applicant, states that the Applicant (wife) resides in Pune due to her employment. He further Arjun 1 906-MCA-164-2024.doc states that the Applicant took up the job for her livelihood. He further states that the Applicant has requested a transfer due to the inconvenience of travelling to Solapur to attend and pursue Marriage Petition A-209 of 2023, filed by the Respondent, as the distance between Pune and Solapur is approximately 300 Kms. He submits that travelling to Solapur will affect the Applicant's job. He further states that the Applicant has filed proceedings under the Protection of Women from Domestic Violence Act, 2005, which are pending in Pune, wherein the Respondent and his family members are party Respondents. He therefore requests the transfer of the Marriage Petition A-209 of 2023 from Family Court, Solapur to Family Court, Pune. 4. Mr. Vishwajit Nalawade, learned Advocate for the Respondent, states that the Respondent's parents are senior citizens and reside with the Respondent in Solapur, making it inconvenient for the Respondent and his parents to attend the DVA proceedings filed by the Applicant in Pune. He submits that the Applicant should appear before the Family Court at Solapur. 5. Perused the records with the assistance of the learned Advocates. 6. Respondent's family members are not parties to Marriage Petition Arjun 2 906-MCA-164-2024.doc A-209 of 2023. The proceedings filed by the Applicant under the Protection of Women from Domestic Violence Act, 2005, in which the Respondent and his family members are parties, are pending before the Judicial Magistrate First Class at Pune. 7. In the case of N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha1 in paragraph No. 9, it has been observed 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. 8. Considering the statements made by the Applicant in this Application and the submission of Mr. Sachin Hande, learned Advocate for the Applicant, the inconvenience caused to the Applicant would be greater than any inconvenience that may be caused to the Respondent. Accordingly, this Application is allowed in terms of prayer clause (B). Consequently, Marriage Petition No. A-209 of 2023 is withdrawn from the Family Court, Solapur and transferred to the Family Court, Pune. 1 2022 SCC OnLine SC 1199 Arjun 3 906-MCA-164-2024.doc 9. The Principal District Judge, Pune, is requested to assign Marriage Petition A-209 of 2023 to the Family Court at Pune. 10. Applicant shall produce this order before the Principal District Judge, Pune. 11. Miscellaneous Civil Application No. 164 of 2024 is disposed of. (ASHWIN D. BHOBE, J.) Arjun 4 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.09.01 11:13:07 +0530