Diksha Rane 27 MCA 459 2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 459/2025 Priyanka Ravindra Lad ..APPLICANT VS Vishal Bhisale alias Shyam Ravikant Bhisale ..RESPONDENT ------------ Adv. Tejashree Shrikant Navghan for the applicant. None for the respondent. ------------ CORAM : RAJESH S. PATIL, J. DATE : 25 JUNE 2026. P.C. : 1) By the present transfer application, the applicant-wife is seeking transfer of the Marriage Petition filed by the respondent- husband before the CJSD, Sindhudurg to the Family Court at Bandra. 2) Office remark shows that the respondent has been served. Learned counsel for the applicant has tendered affidavit of service dated 6 February 2026 which shows that the respondent has been served through speed-post. 2.1) When the matter was called out, the respondent is not represented by any advocate. Even on an earlier occasion, the respondent chose not to remain present. It seems that the respondent is avoiding to attend the present proceeding. 3) It is the case of the applicant-wife that she is staying at Andheri, Mumbai along with her parents and her six years old 1 2026:BHC-AS:26172 Diksha Rane 27 MCA 459 2025.doc daughter who suffers from Autism Spectrum Disorder. The respondent is not paying any maintenance to the applicant or to the daughter. The applicant has to bear expenses of medical as well as of school for daughter and the daughter has also to attend special sessions as the daughter is a special child. The distance between Mumbai and Sindhudurg is around 451 kms. It would be difficult for her to attend the Court proceedings at Sindhudurg and to return back as she has to take care of her daughter who is a special child. 4) The Supreme Court in the case of N.C.V. Aishwarya Versus A.S. Saravana Karthik Sha1, wherein the Supreme Court states that it is the convenience of the wife which has to be taken into consideration while dealing with the transfer proceeding. Paragraph 9 of the said decision reads 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. (Emphasis supplied) 1 2022 SCC OnLine SC 1199. 2 Diksha Rane 27 MCA 459 2025.doc 5) Considering the fact that the distance between Mumbai and Sindhudurg is around 451 kms., and the applicant has to take care of her daughter who is a special child and considering the law as laid down by the Supreme Court in the case of N.C.V. Aishwarya (supra), I am convinced that the present MCA requires to be allowed. 6) The MCA stands allowed in terms of prayer clause (b). 6.1) The proceedings of Marriage Petition No.250 of 2025, pending before the CJSD, Sindhudurg, be transferred to the Family Court at Bandra, Mumbai, within a period of four weeks from today. 7) Learned counsel for the applicant is hereby permitted to convey the order passed today to the CJSD, Sindhudurg. 8) Similarly, Registrar (Judicial-I) is hereby directed to communicate the order passed today to the Registrar of the CJSD, Sindhudurg. 9) The MCA stands disposed of accordingly. 10) All concerned to act on an authenticated copy of this order. (Rajesh S. Patil, J.) 3 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 25/06/2026 18:56:07