45-358-2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 358 OF 2025 Rupali Sandip Patsupe … Applicant Versus Sandip Gopal Patsupe … Respondent -------- Mr. Nikhil N. Pawar with Mr. Rajdeep Shitole and Ms. Mansi Patil for the Applicant. -------- CORAM : ASHWIN D. BHOBE, J. DATED : SEPTEMBER 3, 2026 P.C.: 1. Heard Mr. Nikhil Pawar, learned Advocate for the Applicant. 2. By this Application filed under Section 24 of the Code of Civil Procedure, 1908, the Applicant (wife) is before this Court seeking the following substantive relief: “a. This Hon’ble Court may be pleased to transfer the Marriage Petition bearing No.1564 of 2025 pending before Ld. Civil Judge Sr. Division at Kalyan to the Civil Judge, Senior Division, Kolhapur.” 3. On 21st August 2026, the following order was passed: VRJ 1 of 5 45-358-2025.docx “1. After the date in this Application was given, Mr. Rajdeep Shitole, learned Advocate for the Applicant, mentions, this matter before rising of the Court. In view of the request made by Mr. Rajdeep Shitole, this Application was taken up and this order is passed in continuation of the earlier order. 2. Notice was issued to the Respondents on 24.11.2025. 3. Mr. Rajdeep Shinde, learned Advocate for the Applicant states that he has served the Respondent by private notice. He therefore seeks leave to file Affidavit of service. 4. In view of the statement made by Mr. Rajdeep Shitole, learned Advocate for the Applicant, leave is granted to file Affidavit of service. Affidavit of service be filed in the Registry of this Court on or before 28.08.2026. 5. At the request of Rajdeep Shitole, learned Advocate for the Applicant, list this Application on 03.09.2026. 6. Interim order, if any granted earlier, to continue till the next date of hearing.” 4. Mr. Nikhil Pawar, learned Advocate for the Applicant, states that the affidavit of service dated 22nd February 2026 was filed online on 26th August 2026. He tenders a photostat copy of the affidavit dated 22nd February 2026, along with the annexures referred to therein. The same are taken on record and marked “X-colly” for identification. 5. The name of the Respondent is called out by the Court Sheristedar, however, neither the Respondent nor any Advocate on behalf of the Respondent is present. 6. Mr. Nikhil Pawar, learned Advocate for the Applicant, states that the Applicant is a homemaker responsible for her three-year-old minor daughter. VRJ 2 of 5 45-358-2025.docx He submits that the Applicant has no source of income and is dependent on her parents for her and her minor daughter’s survival. 7. Mr. Nikhil Pawar, learned Advocate for the Applicant, submits that the request for transfer in this Application is on two grounds: first, on the ground of inconvenience, as Marriage Petition No. 1564 of 2025 is filed by the Respondent at Kalyan, Mumbai, whereas the Applicant is a permanent resident of Village Talsande, Taluka Hatkanangale, District Kolhapur, which is almost 400 kilometres away; and second, that the Applicant has no source of income to maintain herself and her daughter, which makes it difficult for her to pursue and attend the proceedings before the Kalyan Court at Thane. 8. Notice was issued to the Respondent on 24th November 2025 and the proceedings before the Kalyan Court were stayed. Mr. Nikhil Pawar, learned Advocate for the Applicant, states that the stay granted by this Court continues to date. 9. Mr. Nikhil Pawar, learned Advocate for the Applicant, has stated that service on the Respondent is complete. The Respondent has chosen not to appear despite service, which suggests that the Respondent is not interested in contesting the Applicant's request for transfer in this Application. 10. Perused records. VRJ 3 of 5 45-358-2025.docx 11. The Hon’ble Supreme Court, in the case of N.C.V. Aishwarya v. A.S. Saravana Karthik Sha1, in paragraph 9, held 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 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.” 12. The statements made by the Applicant in this Application and the submissions of Mr. Nikhil Pawar, learned Advocate for the Applicant, before this Court, remain unrebutted. 13. Considering the difficulties, inconvenience and hardship expressed by the Applicant, Miscellaneous Civil Application No. 358 of 2025 is allowed in terms of prayer clause (a). Consequently, Marriage Petition No. 1564 of 2025, pending before the Civil Judge, Senior Division, Kalyan, is withdrawn and transferred to the Civil Court at Kolhapur, which has jurisdiction to try family and marital matters. 14. The Principal District Judge, Kolhapur, is requested to assign Marriage Petition No. 1564 of 2025 to the Court at Kolhapur that has jurisdiction to deal with marital and family matters. 1 2022 SCC OnLine SC 1199 VRJ 4 of 5 45-358-2025.docx 15. The Applicant to produce a copy of this order before the Principal District Judge at Kolhapur. 16. Miscellaneous Civil Application No. 358 of 2025 stands disposed of. (ASHWIN D. BHOBE, J.) VRJ 5 of 5 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.09.07 10:36:20 +0530