29. MCA 37-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 37 OF 2026 Pranita Pruthviraj Rathod ..Applicant Versus Pruthviraj Ramesh Rathod ..Respondent None present CORAM : RAJESH S. PATIL, J. DATE : 25.06.2026 P. C. 1. By the present transfer Application, the Applicant, who is the wife of the Respondent is seeking transfer of the divorce proceeding filed by the Respondent – husband before the Family Court, Solapur to the Family Court, Bandra, Mumbai. 2. Office remarks show that the Respondent has been duly served. However, none appears for the Respondent when the matter is called out. It seems that the Respondent is not interested in defending the present proceeding. Hence, I am proceeding further with the hearing of the MCA. 3. It is the case of the Applicant that she is a homemaker and is residing at Andheri, Mumbai along with her son, aged six years. The Respondent – husband is having business at Solapur. The Respondent – Anand 1 of 3 29. MCA 37-2026.doc husband used to harass and threaten the Applicant to kill her and their minor son. In such a situation, it is difficult for the Applicant to travel to Solapur to attend the Court proceeding from Mumbai. The distance between Mumbai and Solapur is around 450 Km which will take around nine hours and return back on the same day. It is alleged that the Respondent-husband has already performed a second marriage. This is an offence punishable under Section 494 of the Indian Penal Code, 1860. The Respondent – husband has filed a divorce proceeding at Solapur only to harass the Applicant – wife. 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 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.” Anand 2 of 3 29. MCA 37-2026.doc (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, I am satisfied that a case is made out to allow this MCA. 6. The Miscellaneous Civil Application stands allowed in terms of prayer clause (B). 6.1 The proceeding, being the Petition No. A/364/2024 pending before the Family Court, Solapur be transferred to the Family Court, Bandra, Mumbai. 7. Learned Counsel for the Applicant is hereby directed to convey the Order passed today to the Family Court, Solapur who is hearing the matrimonial proceedings and file Affidavit to that effect within a period of two weeks from today. 8. The Registrar (Judicial – I) is hereby directed to communicate the order passed today to the Registrar of the Family Court, Solapur by E-mail. (RAJESH S. PATIL, J.) Anand 3 of 3