KVM 1/4 31 - MCA 468 OF 2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 468/2025 POONAM PARMESHWAR YEDE ….. APPLICANT VS PARMESHWAR BHAGWAN YEDE ….. RESPONDENT Adv. Rishabh H. Vakharia (Thr V.C.) for the Applicant. Adv. Sangram B. Suryavanshi for the Respondent. CORAM : RAJESH S. PATIL, J. DATE : 27 JULY, 2026 P.C. :- 1) The present transfer application has been filed by the applicant, who is the wife of the respondent, seeking transfer of the divorce proceedings filed by the respondent-husband before the Civil Judge Senior Division, Kalyan to the Civil Judge Senior Division Rahata, District Ahilyanagar. 2) It is the case of the applicant that the distance between Rahata and Kalyan is around 218 kms. Even the respondent is staying at Chembur, Mumbai. The D.V. proceeding is pending before the JMFC at Rahata. The respondent is not permitting the applicant to meet her KANCHAN VINOD MAYEKAR Digitally signed by KANCHAN VINOD MAYEKAR Date: 2026.07.30 14:18:56 +0530 KVM 2/4 31 - MCA 468 OF 2025.doc own children. The respondent is not paying any maintenance to the applicant. The applicant is a home-maker, who has barely studied till 11th standard in vernacular medium. She is entirely dependent financially and emotionally upon her parents. Her parents are around 75 years of age and there is no male member in her family who could accompany her to attend the court proceedings at Kalyan. Hence, the proceedings filed by the respondent be transferred to Rahata, Ahilyanagar. 3) On behalf of the respondent, it is stated that the present transfer application has been opposed. It is submitted that the respondent is working in the Bombay Municipal Corporation and the custody of all three children are with him and he is taking care of their education and all their needs. If the proceeding are transferred to Rahata, it is inconvenient for the respondent to travel so far from Chembur to Rahata as he is having responsibility of three children on him. 4) The Hon’ble Supreme Court in case of N.C.V. Aishwarya vs. A.S.Saravana Karthik Sha, reported in 2022 SCC OnLine SC 1199 has held that the convenience of the wife has to be seen while deciding the transfer proceedings. Paragraph no.9 of the said judgment reads as under :- KVM 3/4 31 - MCA 468 OF 2025.doc 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) 5) Considering the facts of the present case and the law laid down by the Hon’ble Supreme Court in case of N.C.V. Aishwarya (supra), and the facts of the present case, the distance between Kalyan and Rahata is around 218 kms, which will take travel time of around six hours. In my view, it will be difficult for the applicant to travel and attend the court proceedings at Kalyan and return back on the same day. 6) It is pertinent to note that even the respondent is not residing at Kalyan. Hence, according to me case is made out to allow this miscellaneous civil application. 7) The miscellaneous civil application stands allowed in terms of prayer clause (b). KVM 4/4 31 - MCA 468 OF 2025.doc 8) The proceedings of Marriage Petition No. 588 of 2025 pending before the Civil Judge Senior Division, Kalyan, District Thane be transferred within four weeks to the Civil Judge Senior Division, Rahata, District Ahilyanagar. 9) Considering the fact that the applicant is working in the Bombay Municipal Corporation and in Sewage Department and the custody of the three children is with him, as of now, he is permitted to attend the court proceedings at Rahata, Ahilyanagar through video conferencing. However, whenever necessary, as per the directions of the learned Civil Judge Senior Division, Rahata, District Ahilyanagar, taking up the matter, the respondent will have to attend the proceedings in person. 10) Learned advocate for the applicant is permitted to communicate the order passed today to the Civil Judge Senior Division, Kalyan, District Thane. 11) Similarly, Registrar (Judicial-I) is hereby directed to communicate the order passed today to the Registrar of the Civil Judge Senior Division, Kalyan, District Thane by E-mail. 12) All concerned to act on the authenticated copy of this order. [RAJESH S. PATIL, J.]