61-MCA-303-2025 (C).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 303 OF 2025 Mrs. Kavita Amol Banpatte Alias Kavita Tukaram Dhotre … Applicant Versus. Mr. Amol Anil Banpatte … Respondent ----- Ms. Pooja S. Agarwal (Through V.C.) for the Applicant. (Appointed as per Lr. No. HCLSC/Civil/1032/2025, dated 05/03/2025) ------- Coram : ASHWIN D. BHOBE, J. Date : 10th September 2026. PER COURT : 1. Heard Ms. Pooja Agarwal, learned Advocate for the Applicant. 2. By this Application, the Applicant seeks the following substantive relief. “A. That this Hon'ble Court be pleased to transfer the Divorce proceedings bearing no. PA- 1301/2023 filed by the Respondent (Husband) from the court of Hon'ble Family Court, Bandra to the Family Court, Solapur.” 3. On 23rd September 2025, the following order was passed : osk 1 of 5 61-MCA-303-2025 (C).docx “1. Heard learned counsel for the Applicant. She submits that the Respondent has been served privately yesterday, and she will file affidavit of service during the course of the day. 2. Stand over to 7th October, 2025. 3. Matter pending before the Family Court at Bandra be stayed till the next date.” 4. On 3rd September 2026, the following order was passed : “1. Heard Ms. Pooja Agarwal, learned Advocate for the Applicant. She tenders a photostat copy of the affidavit of service dated 23rd September 2025. The same is taken on record and marked "X" for identification. 2. Ms. Pooja Agarwal, learned Advocate for the Applicant, states that despite her several attempts to contact the Applicant, the same have been futile. She requests time till 10th September 2026 to make further attempts to contact the Applicant to ascertain whether she is still interested in pursuing the request made in the present Application. 3. At the request of Ms. Pooja Agarwal, learned Advocate for the Applicant, list this matter on 10th September 2026.” 5. Ms. Pooja Agarwal, learned Advocate for the Applicant, submits that the Respondent has been duly served in this matter. She relies on her Affidavit of Service dated 23rd September 2025 at “X”. osk 2 of 5 61-MCA-303-2025 (C).docx 6. The Applicant – wife seeks transfer of the Divorce proceedings bearing No. P.A. - 1301 of 2023, filed by the Respondent - husband before the Family Court at Bandra, to the Family Court at Solapur. Ms. Pooja Agarwal, learned Advocate for the Applicant submits that the Applicant is seeking transfer of the Divorce proceedings bearing No. P.A. - 1301 of 2023 on three grounds. (i) That, the Applicant is a homemaker with no source of income. (ii) That the Applicant has filed proceedings against the Respondent under Section 498-A of the IPC, along with other Sections of the IPC, and another proceeding under the PWDVA Act bearing No. 11 of 2022 before the Judicial Magistrate First Class at Solapur, which proceedings are prior to the Divorce proceedings filed by the Respondent at Bandra. That the Respondent – husband has engaged an Advocate to represent him in the said criminal proceedings and the Respondent appears in the Court at Solapur. (iii) That the Applicant resides in the District of Solapur. The distance from Solapur to Bandra is almost 400 km, which makes it inconvenient for the Applicant to attend. 7. The name of the Respondent (Mr. Amol Anil Banpatte) was called out by the Sheristedar of this Court. Neither the Respondent nor any Advocate for osk 3 of 5 61-MCA-303-2025 (C).docx the Respondent is present. 8. Perused the record. 9. In N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha1, the Hon’ble Supreme Court in paragraph No. 9, has been observed as follows:- “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.” 10. Ms. Pooja Agarwal, learned Advocate for the Applicant, submits that the Respondent, despite being served, has chosen to remain absent. The statements in this Application and the submissions of Ms. Pooja Agarwal, learned Advocate for the Applicant, remain unrebutted. It appears that the Respondent is not interested in contesting the request for transfer of proceedings. 1 2022 SCC OnLine SC 1199 osk 4 of 5 61-MCA-303-2025 (C).docx 11. In view of the above circumstances and by accepting the Applicant's contentions regarding the inconvenience and hardship, this Application is allowed in terms of prayer clause (A). Consequently, Divorce proceedings bearing No. P.A. - 1301 of 2023 filed by the Respondent – husband before the Family Court at Bandra are withdrawn and transferred to the Family Court at Solapur. 12. The Bombay High Court Legal Services Committee, Kolhapur Circuit Bench, shall quantify and pay the legal fees payable under the Legal Aid Scheme to Ms. Pooja Agarwal, learned Advocate for the Applicant, who has appeared and represented the Applicant in this Misc. Civil Application. 13. The Misc. Civil Application No. 303 of 2025 is allowed. [ ASHWIN D. BHOBE, J. ] osk 5 of 5 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.09.11 11:05:38 +0530