1 933-MCA-365-2025 (C).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO. 365 OF 2025 Shital Sagar Kokare …...Applicant VERSUS Sagar Vithal Kokare …...Respondent ---- Mr. Sunil Shivaji Kamble, for the Applicant. Mr. Ranjeet H. Patil, for the Respondent. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 28th AUGUST, 2026. P.C. 1. Heard, Mr. Sunil S. Kamble, learned Advocate for the Applicant and Mr. Ranjeet H. Patil, learned Advocate for the Respondent. 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 Marriage Petition No.-A.2970 of 2024 pending before the Hon’ble Family Court Bandra, mumbai to the Ld. Civil Judge, Senior Division Court, Islampur.” Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.08.31 20:55:33 +0530 2 933-MCA-365-2025 (C).DOC 3. Mr. Sunil S. Kamble, learned Advocate for the Applicant, submits that the Applicant (wife) seeks the transfer of the Hindu Marriage Petition No. A-2970 of 2024, filed by the Respondent and pending before the Family Court, Bandra, Mumbai, to the Civil Judge, Senior Division, Islampur. 4. Mr. Sunil S. Kamble, learned Advocate for the Applicant, submits that the request for transfer is made on the ground of inconvenience caused to the Applicant in attending to and pursuing the Marriage Petition pending before the Family Court, Bandra, Mumbai, which is situated about 400 km from Sangli, where the Applicant resides. He submits that the Applicant has secured a job in Sangli for her day-to-day survival. He submits that the request for transfer is on the ground of inconvenience caused to the Applicant (wife). 5. Mr. Ranjit H. Patil, learned Advocate for the Respondent, opposes the Applicant and submits that the Applicant would not face any difficulty in appearing before the Family Court at Bandra, Mumbai. 6. Perused the Records. 7. The Applicant's request for transfer is primarily on the ground of inconvenience. The Applicant resides in District Sangli, whereas the Shantanu S. Dhudum 3 933-MCA-365-2025 (C).DOC proceeding is pending before the Family Court at Bandra, Mumbai, which is about 400 km away from Sangli. Considering the distance involved, the inconvenience caused to the Applicant in travelling to Bandra and pursuing the proceedings would be considerably greater than any inconvenience that may be caused to the Respondent if the proceeding is transferred to Sangli. 8. 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 wife’s convenience which must be looked at while considering transfer.” 9. Mr. Sunil S. Kamble, learned Advocate for the Applicant, submits that as the Applicant resides at Kameri, Taluka Walwa, District Sangli, the Family Court in the District of Sangli, which is dealing with the 1 2022 SCC OnLine SC 1199 Shantanu S. Dhudum 4 933-MCA-365-2025 (C).DOC matrimonial dispute, would be the appropriate forum for transfer of the Hindu Marriage Petition No. A-2970 of 2024. Mr. Ranjit H. Patil, learned Advocate for the Respondent, does not contest the said statement made by Mr. Sunil S. Kamble, learned Advocate for the Applicant. 10. In view of the above, this Application is allowed as prayed for in clause (b). Consequently, Hindu Marriage Petition No. A-2970 of 2024 is withdrawn from the Family Court, Bandra, Mumbai and transferred to the Family Court, Sangli. 11. The Principal District Judge, Sangli is requested to assign Hindu Marriage Petition No. A-2970 of 2024 to the Family Court, Sangli. 12. The Applicant shall place a copy of this order before the Principal District Judge, Sangli. 13. Miscellaneous Civil Application No.365 of 2025 is disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum