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2026 DAILYLAW 20757 (BOM)

MRS. VARSHA ASHITOSH KAMBLE v. MR. ASHITOSH ANIL KAMBLE

/216/2026 · 2026-10-16

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Judgment text

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31-mca-216-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 216 OF 2026 Mrs. Varsha Ashitosh Kamble … Applicant vs. Mr. Ashitosh Anil Kamble … Respondent Ms. Rupsee Nerlikar i/b. Mr. Nitin Gaware Patil for the Applicant. CORAM : GAURI GODSE, J. DATED : 16th OCTOBER 2026 ORDER: 1. This application is filed under Section 24 of the Civil procedure Code, 1908(‘CPC’) by the wife seeking transfer of the marriage petition filed by the respondent- husband from the Family Court, Bandra to the Civil Court at Shrigonda, district Ahilyanagar. As per the office report, the respondent is served at his Mumbai address as well as through e-mail in terms of order dated 23rd September 2026. None appears for the respondent though served. 2. Learned counsel for the applicant submits that the applicant’s place of residence is in a rural area in the district Ahilyanagar. The distance between her place of residence and the Family Court at Bandra is approximately 300 Km. The applicant has no independent Page no. 1 of 2 varsha VARSHA VIJAY RAJGURU Digitally signed by VARSHA VIJAY RAJGURU Date: 2026.10.17 10:58:41 +0530 31-mca-216-2026.doc source of income and is dependent on her father who is working as a labourer. Considering the distance and the only mode of service through public transport, it would be difficult for the applicant to travel from her place of residence to the Family Court at Bandra. She further submits the applicant’s father is the only sole earning member in the family and her mother has a medical condition. Hence, even financially the applicant would face difficulties if she required to travel. She further submits that the respondent has sufficient source of income and would not have difficulty in attending the court if it is transferred to the court at Shrigonda. 3. The respondent has neither filed any affidavit-in-reply nor appeared before the court to oppose the grounds raised in the application. 4. I have perused the application. The oral submissions made on behalf of the applicant are supported by particular pleadings in the application. Considering the distance, financial constraints, the applicant has made out the case for transfer. 5. For the reasons stated in the application, the application is allowed in terms of prayer clause(a). (GAURI GODSE, J.) Page no. 2 of 2