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2026 DAILYLAW 3247 (BOM)

Neha Amol Bairagi v. Amol Ramesh Bairagi

MCA/230/2026 · 2026-08-21

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Judgment text

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1 945-mca-230-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD MISC.CIVIL APPLICATION NO. 230 OF 2026 Neha Amol Bairagi VERSUS Amol Ramesh Bairagi ... Advocate for Applicant : Mr. Shelke Manoj Uttamrao ... CORAM : ROHIT W. JOSHI, J. DATED : AUGUST 21, 2026 P.C.: 1. Present application is filed under Section 24 of the Civil Procedure Code seeking transfer of Marriage Petition No.379 of 2025 from the Court of learned 14th Joint Civil Judge, Senior Division and Additional Chief Judicial Magistrate, Ahmednagar to learned Family Court, Aurangabad. 2. The distance between Ahmednagar to Aurangabad is 120 kms. Both cities are major cities and very well connected by the mode of public transport. The only ground i.e. pressed into service seeking transfer is that the wife has no source of income and the prosecution under Section 498 of Indian Penal Code is pending against respondent/husband at Aurangabad. The criminal case has no nexus with the petition for divorce filed by the husband. As regards financial hardship, the applicant/wife can move appropriate application before learned Trial Court seeking orders for payment of appropriate amount towards traveling and other expenses. 2026:BHC-AUG:38262 2 945-mca-230-2026.odt 3. Learned advocate placed reliance on authorities of the Hon’ble Supreme Court which states that convenience of the wife must be considered while dealing with transfer applications. 4. Having regard to the distance between these two cities, the ratio of aforesaid judgments cannot be made applicable to the present case. 5. The application is therefore rejected. 6. In the event, the appellant/wife makes an application for appearance through video-conferencing, the same may be considered favorably and permission to appear through video-conferencing may be granted on such dates and at such stages as is deemed appropriate by the learned Civil Judge Senior Division, Ahmednagar. [ROHIT W. JOSHI J.] Mujaheed//