905.MCA.118.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD MISCELLANEOUS CIVIL APPLICATION NO. 118 OF 2026 Anita Abhay Tupvihire ...Applicant Versus Abhay Bhagwan Tupvihire ...Respondent *** Mr. Avinash N. Suryawanshi h/f Mr. Dhotare V.S., Advocate for the Applicant Mr. Ramesh N. Dhakane h/f Mr. V.A. Mundhe, Advocate for the Respondent. *** CORAM: ABHAY J. MANTRI, J. DATE : JULY 02, 2026 PER COURT : 1. Heard learned counsel for the Applicant and the Respondent. 2. The learned counsel for the Applicant submitted that, during the pendency of the present Application, the Court of the Civil Judge, Senior Division, has been established at Paithan. He, therefore, seeks leave to amend prayer clause (B) and thereby seeks transfer of the proceedings to the learned Civil Judge, Senior Division, Paithan instead of the learned Civil Judge, Senior Division, Aurangabad. The learned counsel for the Respondent, on instructions, has given no objection to the said request. 3. In view of the above, leave, as prayed for, is granted. The Applicant is permitted to amend prayer clause (B) accordingly. The amendment is to be carried out, and the amended Application is to be uploaded online within one week from today. Shrikant Malani 2026:BHC-AUG:25471 905.MCA.118.2026.odt 4. By the present Application, the Applicant seeks transfer of Hindu Marriage Petition No.277 of 2025 pending before the learned Civil Judge, Senior Division, Ahmednagar, to the learned Civil Judge, Senior Division at Aurangabad. By way of the amendment, the Applicant now seeks transfer of the said proceedings to the learned Civil Judge, Senior Division, Paithan. 5. It appears that the Applicant has no source of income and is residing at Taru Pimpalwadi, Post Shevta, Taluka Paithan, District Chhatrapati Sambhajinagar, along with her parents. Therefore, it is difficult and inconvenient for her to travel and attend the proceedings before the learned Civil Judge, Senior Division, Ahmednagar, which is approximately 80 to 90 kilometres away from her place of residence. Hence, she has prayed for the transfer of the said proceedings. 6. The learned counsel for the Respondent, on instructions, submitted that the Respondent has no objection to the transfer of the proceedings from the learned Civil Judge, Senior Division, Ahmednagar, to the learned Civil Judge, Senior Division, Paithan, subject to the condition that the Applicant shall not seek unnecessary adjournments in the matter without sufficient cause. 7. In response, the learned counsel for the Applicant, on instructions, undertakes to this Court that the Applicant shall not seek any Shrikant Malani 905.MCA.118.2026.odt unnecessary adjournment in the proceedings. 8. The statement made by the learned counsel for the Applicant on behalf of the Applicant is accepted as an undertaking to this Court. 9. Having considered the above facts, and the dictum laid down by the Hon’ble Supreme Court in N.C.V. Aishwarya Vs. A. S. Saravana Karthik Sha1, in my view, it would be appropriate to transfer Hindu Marriage Petition No.277 of 2025 pending before the learned Civil Judge, Senior Division, Ahmednagar, to the learned Civil Judge, Senior Division, Paithan. 10. As a result, the Miscellaneous Civil Application is allowed in terms of the amended prayer clause (B). 11. Needless to clarify that the undertaking given by the Applicant to this Court that she shall not seek any unnecessary adjournment in the proceedings shall remain binding upon her. 12. Inform both the concerned Courts accordingly. 13. The Miscellaneous Civil Application stands disposed of accordingly. (ABHAY J. MANTRI, J.) 1 AIR Online 2022 SC 1268 ; 2022 SCC OnLine SC 1199 Shrikant Malani