31. MCA 86-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 86 OF 2026 Rama Bipin Pandey ..Applicant Versus Bipin Prabhakar Pandey ..Respondent Mr. Jyotiram S. Yadav, Advocate, for the Applicant Ms. Mekhala More i/b. Mr. Anurag Dubey, Advocates, for the Respondent CORAM : RAJESH S. PATIL, J. DATE : 25 JUNE, 2026 P. C. 1. By the present transfer Application, the Applicant, wife of the Respondent is seeking transfer of the divorce proceedings filed by the Respondent-husband before the C.J.S.D., Vasai to the C.J.S.D., Kalyan. 2. It is the case of the Applicant that the Applicant is staying at Washim and she is a home-maker. She has already filed DV proceedings and complaint under Section 498 A of the Indian Penal Code before the Shahapur Court Police Station. It is difficult for her to travel from Washim to Vasai to attend the Court proceedings as she will have to travel from Central line Washim to Dadar and thereafter from Dadar via Western line to Vasai. The entire journey will take around 3-4 hours and the same time would be required to return back home. There is no Anand 1 of 4 31. MCA 86-2026.doc male member in her family who could accompany her to attend the Court proceedings at Vasai. Hence, if the proceedings are transferred to Kalyan, it will be convenient for her to attend the Court proceedings. She was not able to attend the Court proceedings at Vasai filed by her husband. Hence, the Respondent has preferred an Application for ex-parte hearing. 3. Ms. More, learned Counsel for the Respondent – husband has opposed this Application for transfer. She submits that the distance between Vasai and Kalyan is not so far hence, the Applicant – wife can attend the Court proceedings at Vasai. She submits that in any case, the Applicant – wife is a home maker therefore, she will not have to take leave from the office to attend the Court proceeding, whereas the Respondent is in service. Therefore, if the proceeding is transferred from Vasai to Kalyan, it would be difficult for him to attend the Court proceeding. 4. Supreme Court in the case of N. C. V. Aishwarya vs. A. S. Sarvana Karthik Sha, reported in 2022 SCC OnLine SC 1199 has held that while deciding transfer proceedings, convenience of the wife has to be taken into consideration. Paragraph 9 of the said Judgment reads 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 transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts Anand 2 of 4 31. MCA 86-2026.doc 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.” (emphasis supplied) 5. Considering the law as laid down by the Supreme Court in the case of N. C. V. Aishwarya (supra) and facts of the present case when the Respondent – husband travels to Shahapur to attend the D. V. proceeding and the proceeding filed under Section 498A of the Indian Penal Code, 1860 pending before the J.M.F.C., Shahapur, it will not be difficult for him to attend one more proceeding at Shahapur, District – Thane. Hence, the MCA requires to be allowed. 6. The Miscellaneous Civil Application stands allowed in terms of prayer clause (b). 7. The proceeding, being the Marriage Petition No. 809 of 2025 pending before the C.J.S.D., Vasai be transferred to the C.J.S.D., Kalyan within a period of four weeks from today. 8. Learned Counsel for the Applicant is hereby directed to convey the Order passed today to the C.J.S.D., Vasai, who is hearing the Anand 3 of 4 31. MCA 86-2026.doc matrimonial proceedings. 9. The Registrar (Judicial – I) is hereby directed to communicate the Order passed today to the Registrar of the C.J.S.D., Vasai by E-mail. (RAJESH S. PATIL, J.) Anand 4 of 4