33. MCA 66-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 66 OF 2026 Pooja Devang Gandhi ..Applicant Versus Devang Kantilal Gandhi ..Respondent Mr. Samarth Moray a/w. Ms. Vandana Shah, Ms. Pallavi Biranje, Mr. Mannesh Gawali, Mr. Vinay Kumar Vaishya, Ms. Shivani Jhadhav i/b. Ms. Shivani Shinde, Advocates, for the Applicant Ms. Panthi Desai i/b. M. P. Vashi & Associates, Advocates, for the Respondent CORAM : RAJESH S. PATIL, J. DATE : 27 JULY, 2026 P. C. 1. By the present transfer Application, the Applicant, who is the wife of the Respondent is seeking transfer of the Divorce Petition filed by the Respondent – husband before the Family Court, Belapur, Navi Mumbai to the Family Court, Bandra, Mumbai. 2. It is the case of the Applicant that from December, 2024, she is residing with her mother, who is 81 years old at Chembur, Mumbai. Her Aadhar Card of September, 2025 mentions her address at Chembur, Mumbai. The Respondent is politically influenced person and he has lodged false complaints against the Applicant. In these circumstances, the Applicant fears traveling to the Family Court, Anand 1 of 4 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.07.31 10:49:30 +0530 33. MCA 66-2026.doc Belapur, Navi Mumbai. She fears for her life and safety because the Respondent resides nearby and has political influence. Therefore, she does not wish to travel to Belapur which is around 35 Km from her house. She has not filed any proceedings against the Respondent under the Domestic Violence Act or Section 498A of the Indian Penal Code, 1860, nor has she filed any other Criminal complaint. She is a homemaker. 3. Ms. Desai, learned Counsel for the Respondent opposes this Application on the ground that although the flat in which the Applicant resides the license period has ended in January 2026, the Applicant still lives in the same flat at Navi Mumbai. The neighbours have also informed the Respondent that the Applicant continues to reside in the same flat at Navi Mumbai. Communication in this regard has been filed in the present proceeding. Therefore, it will be inconvenient for both parties, if the proceedings are continued at the Family Court, Belapur, Navi Mumbai. 4. I have heard learned Counsel for the respective parties. I have also gone through the documents on record produced by them. 5. The 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 Anand 2 of 4 33. MCA 66-2026.doc 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 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) 6. Considering the law as laid down by the Supreme Court in the case of N. C. V. Aishwarya (supra) and the fact that the Applicant’s Aadhar card mentions an address in Chembur, Mumbai and that the Leave and License Agreement for Navi Mumbai flat which was in the Respondent's name, the license ended in January 2026. The Applicant’s mother is 81 years old, there is no dispute about the same. Although the Respondent filed for divorce, the Applicant did not file any counter complaints. Under these circumstances, I find no reason to disbelieve the Applicant’s statements in the transfer Application. She has also specifically mentioned that the Respondent has political connection Anand 3 of 4 33. MCA 66-2026.doc and that she fears for her life to attend Court proceedings in Belapur, where the Respondent resides. Furthermore, apart from the divorce proceedings, the Respondent has allegedly filed false complaints against the Applicant. 7. In my view, a case is made out to allow the Miscellaneous Civil Application. 8. The Miscellaneous Civil Application stands allowed in terms of prayer clause (a). 8.1 The proceeding, being the Marriage Petition No. 123 of 2025 pending before the Family Court, Belapur, Navi Mumbai be transferred to the Family Court, Bandra, Mumbai within a period of four weeks from today. 9. Learned Counsel for the Applicant is hereby permitted to convey the Order passed today to the Family Court, Belapur, Navi Mumbai. 10. The Registrar (Judicial – I) is hereby directed to communicate the Order passed today to the Registrar of the Family Court, Belapur, Navi Mumbai by E-mail. (RAJESH S. PATIL, J.) Anand 4 of 4