IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD 7 MISC.CIVIL APPLICATION NO. 137 OF 2026 Nayana Nivrutti Kothalkar VERSUS Nivrutti Sakharam Kothalkar ... Advocate for Applicant : Mr. Jitendra Vijay Patil Advocate for Respondent : Mr. Amardeep F.Naiknaware a/w Mr. Ravi M. Bhosle ... CORAM : ROHIT W. JOSHI, J. Dated : September 23, 2026 PER COURT :- 1. The present application is filed under Section 24 of the Code of Civil Procedure seeking transfer of Marriage Petition-A No.89 of 2025 from Family Court Buldhana and Regular Civil Suit No.285 of 2025 from the Court of the learned Civil Judge, Senior Division, Buldana, to the Court of the learned Civil Judge, Senior Division, Jalgaon. 2. It is the case of the applicant-wife that the distance between Buldana and Jalgaon is around 115 kilometres. She states that she is residing at Jalgaon and does not have any responsible person to accompany her for travelling from Jalgaon to Buldana. It is also stated that she does not have sufficient means to undertake the journey from Jalgaon to Buldana. Apart from this, it is contended that the general convenience of the wife should be considered while dealing with an application under Section 24 of the Code of Civil Procedure. Page 1 of 3 2026:BHC-AUG:43387 7 MCA 137-2026 3. It is further stated that the applicant-wife has filed a proceeding under the provisions of the Protection of Women from Domestic Violence Act, 2005, being PWDVA Application No.279 of 2025, before the Court of the learned Judicial Magistrate, First Class, Jalgaon. On this basis, it is contended that the proceedings filed by the husband should also be transferred to Jalgaon. 4. It is not in dispute that the proceeding under the Domestic Violence Act has been filed by the applicant-wife after filing of the petition for restitution of conjugal rights by the respondent-husband. The proceedings under the Domestic Violence Act do not have any direct nexus with the civil suit or the petition for restitution of conjugal rights filed by the respondent-husband. 5. The distance between Buldana and Jalgaon is around 115 kilometres. The applicant is aged about 27 years and, therefore, can undertake the journey on her own without being accompanied by any other person. As regards the financial hardship pleaded by the applicant, the same can be taken care of by directing the respondent-husband to pay an appropriate amount towards her travelling and other incidental expenses whenever she is required to attend the proceedings at Buldana. 6. In the considered opinion of this Court, no case for transfer of Page 2 of 3 7 MCA 137-2026 Marriage Petition No.89 of 2025 and Regular Civil Suit No.285 of 2025 is made out. The application is, therefore, rejected. 7. However, having regard to the fact that the applicant-wife would be required to travel from Jalgaon to Buldana for attending the proceedings, the respondent-husband shall pay an amount of Rs.600/- to the applicant-wife on each date on which she personally attends the hearing of the aforesaid proceedings at Buldana. 8. It is further directed that the Marriage Petition and the Regular Civil Suit be assigned to the same Court. If possible, both the proceedings may be posted on the same date, so that the applicant- wife is not required to travel to Buldana on two different dates for attending the two proceedings. 9. In the event the applicant - wife makes an application for appearance through video-conferencing, the same may be considered favorably and permission to appear through video- conferencing may be granted on such dates and at such stages as is deemed appropriate by the concerned Court. ( ROHIT W. JOSHI, J. ) vj gawade/-. Page 3 of 3