40-MCA-9-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 9 OF 2025 Archna Mahadev Gaikwad ...Applicant Versus Mahadev Balbhi Gaikwad ...Respondent ------- Mr. Sachin Bhavar i/b Ramji Kotali, Advocate for the Applicant. Mr. Tejas Hilage i/b Ghanshyam Jadhav, Advocate for the Respondent. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 16th September, 2026. P.C. : 1. Heard Mr. Sachin Bhavar, learned Advocate for the Applicant and Mr. Tejas Hilage, learned Advocate for the Respondent. 2. By this Application, filed under Section 24 of the Code of Civil Procedure, 1908, the Applicant has sought the following substantive relief in terms of prayer clause (a) :- (a) This Hon’ble Court be pleased to transfer the Marriage Petition bearing Marriage Petition No. 256 of 2023 filed U/s. 9 of Hindu Marriage Act 1955 pending in the file of Ld. Civil Judge Senior Division, Baramati at Baramati to the file of Ld. Family Court, Solapur, Dist.-Solapur for further proceeding and hearing in the matter accordingly. 3. The following orders are relevant, as such, are reproduced below: Arjun 1 40-MCA-9-2025.doc (a) Order dated 28.02.2025:- 1. Heard the learned counsel for the applicant. 2. Issue notice to the respondent returnable on 25th April, 2025. 3. In addition to notice through Court, the applicant is at liberty to serve the respondent by private service and file affidavit of service. 4. Ad-interim relief granted earlier shall continue to operate till the next date. (b) Order dated 04.04.2025:- 1. Not on board. Upon mentioning take on board. 2. In the order dated 28th February 2025, paragraph 4 shall be substituted to read as under: “4. In the meanwhile, there shall be an ad-interim relief in terms of prayer clause (b)” 3. Rest of the order remains unaltered. 4. The Applicant (Wife) seeks transfer of the Marriage Petition No. 256 of 2023, filed by the Respondent (Husband) pending before the Civil Judge Senior Division, Baramati, to the Family Court, Solapur, on two grounds: (i) The Applicant is a homemaker responsible for the well- being of a 7-year-old minor son born out of wedlock to the Respondent. (ii) The distance between Baramati and Solapur is about 170 kilometers, making travel difficult for the Applicant. 5. Mr. Sachin Bhavar, learned Advocate for the Applicant, states Arjun 2 40-MCA-9-2025.doc that the Applicant, in addition to having the responsibility for her seven- year-old minor son, is also responsible for taking care of her aged mother, thereby making it very difficult and inconvenient for the Applicant to travel to Baramati to attend and pursue Marriage Petition No. 256 of 2023. 6. Mr. Tejas Hilage, learned Advocate for the Respondent, disputes the Applicant's claim that the Applicant is a homemaker. He submits that the Applicant is employed with an IT company and draws a substantial salary. He further submits that the Respondent has apprehensions about travelling to Solapur, as on one occasion, precisely on 29.10.2022, the Respondent was assaulted and physically abused by the Applicant and her family members. 7. Perused the records with the assistance of the learned Advocate for the parties. 8. The Applicant, a homemaker and the sole caregiver of a minor son aged 7 years and an aged mother, is before this Court seeking transfer on the ground of inconvenience. The Respondent is employed as a Teacher. Arjun 3 40-MCA-9-2025.doc 9. In N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha1, the Hon’ble Supreme Court in paragraph 9 has 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 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. Considering the circumstances as stated by the Applicant in this Application, the inconvenience that would be caused to the Applicant in travelling to and pursuing the Marriage Petition No. 256 of 2023 in the Court at Baramati would be far greater than the inconvenience that may be caused to the Respondent. 11. Respondent has not produced any evidence in support of his claim that the Applicant is employed. 12. In view of the above, this Application is allowed by withdrawing Marriage Petition No. 256 of 2023, filed by the Respondent-Husband, before the Civil Judge Senior Division, Baramati, and transferred to the 1 2022 SCC OnLine SC 1199 Arjun 4 40-MCA-9-2025.doc Family Court, Solapur. 13. The Applicant shall produce a copy of this order before the Principal District Judge, Solapur, for assigning Marriage Petition No. 256 of 2023 to the Family Court, Solapur. 14. Mr. Sachin Bhavar, learned Advocate for the Applicant, on instructions from the Applicant, states that the Applicant shall not indulge in any abusive conduct, whether verbal or physical and shall not interfere with the Respondent when the Respondent travels to Solapur to attend and pursue Marriage Petition No. 256 of 2023. The statement made by Mr. Sachin Bhavar, learned Advocate for the Applicant, on the Applicant's instructions, is accepted as a statement to the Court. 15. Mr. Tejas Hilage, learned Advocate for the Respondent, states that the statement made by Mr. Sachin Bhavar, learned Advocate for the Applicant, on the Applicant's instructions, would allay the Respondent's apprehensions. 16. Miscellaneous Civil Application No. 9 of 2025 is disposed of. (ASHWIN D. BHOBE, J.) Arjun 5 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.09.16 21:23:57 +0530