1 931-MCA-362-2025 (C).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO. 362 OF 2025 Archana Rajesh Desai …...Applicant VERSUS Rajesh Ravshaheb Desai …...Respondent ---- Ms. Preetam D. Raje a/w Adv. Shama Mulla, for Applicant. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 28th AUGUST, 2026. P.C. 1. Heard Ms. Preetam D. Raje, 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: “a. The record and proceeding of Petition (A) No.45 of 2024 filed by the Respondent before the Learned Civil Judge Senior Division Kalyan, Thane may kindly be transferred to the Ld. Family Court Sangli, District Sangli.” 3. On 3rd July, 2026, the following order was passed: “1. The office note shows that the sole Respondent has been served through his sister-in-law. However, none appears for Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.08.31 20:55:33 +0530 2 931-MCA-362-2025 (C).DOC the sole Respondent. The trial has been stayed by the order of this Court. Hence, issue fresh notice to the sole Respondent, returnable on 17.07.2026. 2. Learned counsel for the Applicant seeks permission to serve the sole Respondent by private service, in addition to the regular mode of service. 3. Permission is granted. 4. The Applicant shall serve the sole Respondent by private service and shall file an affidavit of service on or before the next date of hearing. 5. Stand over to 17.07.2026. 6. Interim relief to continue till the next date of hearing.” 4. Ms. Preetam D. Raje, learned Advocate for the Applicant, states that pursuant to the order dated 3rd July, 2026, the Affidavit of Service dated 17th July, 2026, has been filed, stating that the private notice issued to the Respondent has been duly served. 5. The Office Note dated 14th August, 2026 read thus: “1) MCA filed through E-filing and photocopy is kept herewith. 2) As per Circular dated 18/06/2021, MCA is numbered. 3) As per Court’s Order dated 05/03/2026 Fresh Notice served to sole Respondent, through his Sister-in-Law. 4) Cont. Writ put up to Lower Court. 5) As per Court’s Order dated 03/07/2026 fresh notice issued to the Sole Respondent, received duly served. 6) Adv. For Applicant has tendered Affidavit of Service in Court on 17/07/2026 is kept at flag “A”.” Shantanu S. Dhudum 3 931-MCA-362-2025 (C).DOC 6. Ms. Preetam D. Raje, learned Advocate for the Applicant, submits that the Applicant (wife) is a homemaker with no independent source of income. She further submits that the Applicant is residing in District Sangli with her minor child, aged about 13 years. She submits that the distance from District Sangli to Kalyan Thane is more than 300 kms. She further submits that, due to financial constraints and inconvenience, the Applicant seeks transfer of Hindu Marriage Petition No. A-45 of 2024, pending before the Civil Judge, Senior Division, Kalyan, Thane, to the Family Court, Sangli, District Sangli, where the Applicant is presently residing. 7. Ms. Preetam D. Raje, learned Advocate for the Applicant, states that the Respondent is a practising Advocate. She submits that despite having been served twice with the notice issued in this Application, including through private notice, the Respondent has willfully chosen not to appear before this Court. She relies on the affidavit of service to submit that the Respondent is served in this Application. 8. The name of the Respondent, namely, Rajesh Ravshaheb Desai, was called out by the Court Sheristedar. However, neither the Applicant nor any Advocate appeared on behalf of the Respondent. It, therefore, appears that the Respondent is not interested in contesting the request made by the Applicant in this Application. Shantanu S. Dhudum 4 931-MCA-362-2025 (C).DOC 9. Considering the statements made in the Application and the un- rebutted submissions made by Ms. Preetam D. Raje on behalf of the Applicant, particularly the inconvenience and financial constraints faced by the Applicant (wife), who has no source of income and is responsible for the maintenance and care of the minor daughter, in attending the proceedings before the Civil Judge, Senior Division, Kalyan, Thane, a case is made out for transfer of the proceedings from the Civil Judge, Senior Division, Kalyan, to the Family Court, District Sangli. 10. In the case of N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha1, in para 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 of life. Given the prevailing socio- economic paradigm in the Indian society, generally,it is the 1 2022 SCC OnLine SC 1199 Shantanu S. Dhudum 5 931-MCA-362-2025 (C).DOC wife’s convenience which must be looked at while considering transfer.” 11. In view of the above, the Application is allowed as prayed for in clause (a). Consequently, Hindu Marriage Petition No. A-45 of 2024, pending before the Civil Judge, Senior Division, Kalyan, District Thane, is hereby withdrawn and transferred to the Family Court, Sangli. 12. The Principal District Judge, Sangli, is requested to assign Hindu Marriage Petition No. A-45 of 2024 to the Family Court, District Sangli. 13. The Applicant shall place a copy of this order before the Principal District Judge, Sangli. 14. Miscellaneous Civil Application No.362 of 2025 is disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum