34-MCA-67-2026 (C).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 67 OF 2026 Mrs. Mrunalini Shashank Khochikar … Applicant Versus Mr. Shashank Girish Khochikar … Respondent ---- Mr. Anand U. Abute for the Applicant. Mr. Poras Shah a/w. Mr. Varad Ashtekar, Ms. Manasi Joshi & Ms. Swarupa Vajramushti for the Respondent. ------- Coram : ASHWIN D. BHOBE, J. Date : 9th October 2026. PER COURT : 1. Heard Mr. Anand Abute, learned Advocate for the Applicant and Mr. Poras Shah, learned Advocate for the Respondent. 2. By the present Application filed under Section 24 of the Code of Civil Procedure, 1908, the Applicant seeks the following relief:- “(a) This Hon’ble Court be pleased to transfer the Petition A/337/2025 presently pending before the Family Court No.1, Kolhapur presided by Smt. S.J. Mohite to the Family Court, Solapur in the interest of justice.” osk 1 of 6 34-MCA-67-2026 (C).docx 3. Mr. Anand Abute, learned Advocate for the Applicant, submits that the Applicant (wife) seeks transfer of Marriage Petition No. A-337 of 2025 on the following three grounds: (i) The Applicant is residing at Solapur with the minor child, who is stated to be a special child and requires the Applicant's constant company, as the sole caregiver (ii) The Applicant has no independent source of income; and (iii) The distance between Solapur and Kolhapur is approximately 250 kilometres. 4. Mr. Poras Shah, learned Advocate for the Respondent, opposes the Transfer Application on the ground that the Applicant can appear before the Family Court at Kolhapur through video-conferencing. He submits that the Respondent has not shied away from his responsibilities towards the minor child. 5. Perused the record with the assistance of the learned Advocates. 6. In substance, the transfer of Marriage Petition No. A-337 of 2025 is sought on the grounds of inconvenience and hardship. One such ground is that Applicant is the sole caregiver of the minor child, who is stated to be a special osk 2 of 6 34-MCA-67-2026 (C).docx child. 7. The Hon’ble Supreme Court, in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha1, at paragraph No.9, has observed as follows: “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.” 8. Considering the grounds canvassed and the facts of this case, the inconvenience to the Applicant-wife of travelling to Kolhapur and pursuing Marriage Petition No. A-337 of 2025 at Solapur would be far greater than the inconvenience that transferring the proceedings to Solapur may cause the Respondent-husband. 9. In such circumstances and particularly considering that the Applicant- wife is the sole caregiver of the minor child, the Application deserves to be 1 2022 SCC OnLine SC 1199 osk 3 of 6 34-MCA-67-2026 (C).docx allowed. 10. Mr. Poras Shah, learned Advocate for the Respondent, on instructions from the Respondent, without prejudice to any of the rights of the Respondent, submits that the Respondent volunteers to pay an amount of Rs. 4,000/- per month towards the maintenance of the minor child. He further submits that the payment shall commence from 1st November 2026 and that the amount shall be deposited in the Applicant’s bank account on or before the 5th day of each month. He requests that the said amount be used for the welfare of the child. 11. Mr. Anand Abute, learned Advocate for the Applicant, states that the said amount shall be used for the welfare of the child only. He has furnished the bank account details of the Applicant, which are as under : Name : Mrunalini Mahendra Yernal Bank Name : Bank of India, Branch : Solapur Account No. : 070010110016031 IFSC Code : BKID0000700 12. This Court appreciates the Respondent-father’s stand on the maintenance of his minor child. osk 4 of 6 34-MCA-67-2026 (C).docx 13. In view of the above, the following order is passed: (a) The Application is allowed in terms of prayer clause (a). (b) Marriage Petition No. A-337 of 2025 is withdrawn from the file of the Family Court, Kolhapur and transferred to the Family Court, Solapur, for further proceedings in accordance with law. (c) The Respondent shall pay an amount of Rs. 4,000/- per month towards the maintenance of the minor child, commencing from 1st November 2026. The amount shall be deposited in the Applicant’s bank account (referred to in paragraph 11) on or before the 5th day of each month. 14. Mr. Poras Shah, learned Advocate for the Respondent, requests that whenever the Respondent appears before the Family Court, Solapur, in Marriage Petition No. A-337 of 2025, neither the Applicant nor her Advocate should seek an adjournment on any ground. Mr. Anand Abute, learned Advocate for the Applicant, on instructions of the Applicant, states that the Applicant and her Advocate shall not seek any adjournment on the dates fixed in Marriage Petition No. A-337 of 2025, when the Respondent's presence is required and the Respondent is present. The statement made by Mr. Anand Abute, learned Advocate for the Applicant, is accepted as a statement made to this Court. osk 5 of 6 34-MCA-67-2026 (C).docx 15. The Misc. Civil Application No. 67 of 2026 is disposed of in the terms stated above. [ ASHWIN D. BHOBE, J. ] osk 6 of 6 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.10.12 10:37:39 +0530