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2025 DAILYLAW 4060 (BOM)

VRUSHALI RAKESH MORE v. RAKESH BHIMRAO MORE

MCA/351/2025 · 2026-08-28

body2025

Judgment text

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1 927-MCA-351-2025 (C).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO. 351 OF 2025 Vrushali Rakesh More …...Applicant VERSUS Rakesh Bhimrao More …...Respondent ---- Ms. Anjani S. Patankar, Appointed Advocate for the Applicant (Through Legal Aid). Mr. Sriprasad Patil, for Respondent. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 28th AUGUST, 2026. P.C. 1. By order dated 17th December, 2025, Ms. Kavita Vilas Kamble was appointed to represent the Applicant under the Legal Aid Scheme. When this Application was called out, neither Ms. Kavita Vilas Kamble nor the Applicant was present, either in Court or through V.C. mode. 2. Considering that the present transfer Application has been pending since the year 2025, Ms. Anjani S. Patankar is appointed to represent the Applicant under the Legal Aid Scheme. A soft copy of this Application was furnished to Ms. Anjani S. Patankar, who requested a keep back to study the request made in this Application. After some time, at the request of Ms. Anjani S. Patankar, this matter was taken out. Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.08.31 20:55:33 +0530 2 927-MCA-351-2025 (C).DOC 3. Heard, Ms. Anjani S. Patankar, learned Advocate for the Applicant and Mr. Sriprasad Patio, learned Advocate for Respondent. 4. By this Application filed under Section 24 of the Code of Civil Procedure, 1908, the Applicant (wife) has sought the following substantial relief: “(a) The record and proceedings of the Hindu Marriage Petition No.237 of 2023 filed by the Respondent before the Court of the Ld. Civil Judge, Senior Division, Vita (District: Sangli) be transferred to the Ld. Civil Judge, Senior Division, Ichalkaranji (District-Kolhapur).” 5. Ms. Anjani S. Patankar, learned Advocate for the Applicant, submits that the Applicant seeks the transfer of Hindu Marriage Petition No. 237 of 2023 from the Civil Judge, Senior Division, Vita, District Sangli, to the Civil Judge, Senior Division, Ichalkaranji, on the ground of inconvenience caused to the Applicant. She further submits that the Applicant is a resident of Hupari, Tal. Hatkanangle, District Kolhapur and that the nearest Court to her would be the Civil Judge, Senior Division, Ichalkaranji, District Kolhapur. 6. Mr. Sriprasad Patil, learned Advocate for the Respondent, submits that no case is made out for transfer of the petition. He further submits that the Applicant can conveniently appear before the Court at Vita, Sangli on the dates fixed in the matter. Shantanu S. Dhudum 3 927-MCA-351-2025 (C).DOC 7. Perused the record. 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. Considering the statements made in this Application and the submissions advanced by Ms. Anjani S. Patankar, learned Advocate for the Applicant, particularly the ground of inconvenience to the Applicant, the request for transfer of the Hindu Marriage Petition No. 237 of 2023 from the Civil Judge, Senior Division, Vita, District Sangli, to the Civil Judge, Senior Division, Ichalkaranji, is allowed. 1 2022 SCC OnLine SC 1199 Shantanu S. Dhudum 4 927-MCA-351-2025 (C).DOC 10. This Application is allowed under prayer clause (a). Consequently, the Hindu Marriage Petition No. 237 of 2023, filed by the Respondent, is withdrawn from the Civil Judge, Senior Division, Vita, District Sangli and transferred to the Civil Court at Ichalkaranji, District Kolhapur. 11. The Principal District Judge, Kolhapur is requested to assign Hindu Marriage Petition No.237 of 2023 to the Court having jurisdiction to decide the matrimonial dispute at Ichalkaranji, District Kolhapur. 12. The Applicant shall produce a copy of this order before the learned Principal District Judge, Kolhapur. 13. The Bombay High Court Legal Services Committee, Kolhapur Circuit Bench, shall quantify and pay the legal fees payable under the Legal Aid Scheme to Advocate Ms. Anjani S. Patankar, who has appeared and represented Applicant in this Application. 14. Miscellaneous Civil Application No.351 of 2025 is disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum