10-MCA-339-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.339 OF 2025 Tejal Yash Bohara … Applicant Versus Yash Anil Bohara … Respondent *** Mr. Saurabh P. Tandale i/b Mr. Vijay Gundecha, for the Applicant. Mr. Ishaan Kapese a/w Mr. Tejas Patil, for the Respondent. *** CORAM : M. M. SATHAYE, J. DATE : 18th MARCH, 2026. P. C. : 1. Heard learned counsel for the parties. 2. The Applicant is wife who is seeking transfer of divorce proceedings filed by Respondent-Husband from the court of Civil Judge, Senior Division, Ichalkaranji, District Kolhapur to Family Court at Ahmednagar. 3. Inviting attention of the Court to various exhibits, learned counsel for the Applicant submitted that the Application filed by the Applicant under section 144 of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023 for maintenance and the complaint under section 498-A of the Indian Penal Code are pending at Ahmednagar. He submitted that the Applicant-wife suffers from a medical condition which results into muscle weakness and atrophy for which she is being treated at Ahmednagar, amongst other places. He further submitted that the Applicant is a housewife who is presently staying with her Shailaja 1 SHAILAJA SHRIKANT HALKUDE Digitally signed by SHAILAJA SHRIKANT HALKUDE Date: 2026.03.18 18:32:47 +0530 10-MCA-339-2025.doc parents at Ahmednagar. He further submitted that the distance between two places is about 354 kms requiring overnight and long journey which is very difficult to undertake for the Applicant, considering her medical condition. For all these reasons, transfer is prayed for. 4. Learned counsel for the Respondent opposed the Application contending, inter alia, that sufficient grounds are not made out. No reply is filed. 5. I have perused the record. In paragraph 4 of Marriage Petition itself, filed by Respondent-husband seeking divorce, medical condition of the Applicant is described. It is stated that in December, 2022, the Applicant-wife seriously suffered pain in her legs and was not even able to stand on her legs and move anywhere. It is stated that on medical investigation, a report has been received showing that the Applicant-wife is diagnosed with two heterozygous pathogenic variants in GNC Gene(AD/AR) and GNE Myopathy/Nonaka Myopathy. 6. It is not seriously disputed that the Applicant is a housewife. The medical condition appears to be admitted position. 7. Considering the aforesaid facts and circumstances and admitted distance between the two places, which obviously will require long and/or overnight travels for the wife, consideration of convenience tilts in favour of wife. Therefore, case for transfer is made out. 8. The Application is allowed. Marriage Petition No.36 of 2025 pending before Civil Judge, Senior Division, Ichalkaranji, District Kolhapur is Shailaja 2 10-MCA-339-2025.doc transferred to Family Court at Ahmednagar for decision in accordance with law. 9. The Respondent-husband shall be at liberty to appear through video conferencing, whenever permitted by the Family Court at Ahmednagar. 10. Miscellaneous Civil Application is disposed of in the aforesaid terms. 11. All concerned to act on duly authenticated or digitally signed copy of this order. [ M. M. SATHAYE, J. ] Shailaja 3