EKTA VIVEK ALIAS VIBHAS KOKATE v. VIVEK ALIAS VIBHAS ASHOK KOKATE
MCA/372/2025 · 2026-08-28
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4036 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4036 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 936-MCA-372-2025 (C).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO. 372 OF 2025 Ekta Vivek Alias Vibhas Kokate …...Applicant VERSUS. Vivek Alias Vibhas Ashok Kokate …...Respondent ----- Mr. Umesh Pawar, for the Applicant. None for the Respondent. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 28th AUGUST, 2026. P.C.
1. Heard Mr. Umesh Pawar, learned Advocate for the Applicant. 2. By the present Application filed under Section 24 of the Code of Civil Procedure, 1908, the Applicant has sought the following substantial relief:
“B. This Hon’ble Court may be pleased to transfer the Hindu Marriage Petition No.27 of 2025 pending before the Ld. Civil Judge Senior Division, at Vaduj to Ld. Civil Judge Senior Division, at Islampur@Ishwarpur.”
3. Mr. Umesh Pawar, learned Advocate for the Applicant, states that the notice was issued to the Respondent on 5th January, 2026 and that the proceedings of Hindu Marriage Petition No.27 of 2025, pending before the Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.08.31 10:45:19 +0530
2 936-MCA-372-2025 (C).DOC Trial Court, were stayed by this Court. He further states that the Respondent has been duly served with the notice issued by this Court. 4. The Office Note dated 21st May, 2026 read thus:
“Note: 1) MCA filed through E-filing and Photocopy is kept herewith. 2) As per Circular dated 18/06/2021, MCA is numbered. 3) Notice issued to Sole Respondent, received duly served. 4) Cont. Writ put to Lower Court.”
5. The name of the Respondent, namely, Vivek alias Vibhas Ashok Kokate, was called out by the Court Sheriestedar. However, neither the Respondent nor any Advocate appeared on behalf of the Respondent. 6. Mr. Umesh Pawar, learned Advocate for the Applicant, submits that the Applicant (wife) is a homemaker and has a minor daughter aged about 3 years. He submits that the Applicant resides at Islampur, Taluka Walwa, District Sangli. He submits that the Applicant has no independent source of income and presently depends on her family members for her survival and that of her minor daughter. He further submits that the Respondent (husband) is working in Pune City, however, to harass the Applicant, the Respondent has filed the Hindu Marriage Petition No. 27 of 2025 at Vaduj, District Satara. Shantanu S. Dhudum
3 936-MCA-372-2025 (C).DOC
7. Mr.
Umesh Pawar, learned Advocate for the Applicant, submits that due to financial constraints and inadequate connectivity between Islampur and Vaduj, considerable inconvenience would be caused to the Applicant in attending and pursuing the proceeding at Vaduj, District Satara. He further submits that the Applicant is responsible for the care of her minor daughter. 8. Though duly served, the Respondent has chosen to remain absent. It therefore appears that the Respondent is not contesting the request for transfer made by the Applicant in this Application. 9. Perused the records. 10. Considering the statements made in this Application and the unrebutted submissions advanced by Mr. Umesh Pawar, learned Advocate for the Applicant, the request for transfer is on the ground of inconvenience and financial constraints faced by the Applicant (wife), this Application is allowed in terms of prayer clause (B), Consequently, Hindu Marriage Petition No.27 of 2025 pending before the Civil Judge Senior Division at Vaduj is hereby withdrawn and transferred to the Civil Court at Islampur, District Sangli. Shantanu S. Dhudum
4 936-MCA-372-2025 (C).DOC
11. The Principal District Judge, Sangli is requested to assign Hindu Marriage Petition No.27 of 2025 to the Court having jurisdiction to decide the matrimonial dispute at Islampur, District Sangli. 12. The Applicant shall place a copy of this order before the Principal District Judge at Sangli. 13. Miscellaneous Civil Application No.372 of 2025 is disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum