45-MCA-29-2026 (C).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO. 29 OF 2026 Purva Rohit Shinge … Applicant Versus. Rohit Mahavir Shinge … Respondent ----- Mr. Balkrushna G. Patil for the Applicant. Mr. Nikhil N. Pawar a/w. Mr. Rajdeep Shitole for the Respondent. ------- Coram : ASHWIN D. BHOBE, J. Date : 27th August 2026. ORAL ORDER : 1. Heard Mr. Balkrushna Patil, learned Advocate for the Applicant and Mr. Nikhil Pawar, learned Advocate for the Respondent. 2. By the present Application filed under Section 24 of the Civil Procedure Code, 1908, the Applicant seeks the following substantive relief:- “That this Hon'ble Court be pleased to transfer the Marriage Petition No. 254 of 2022 pending before the Ld. Civil Judge Senior Division, Jaysingpur filed by the Respondent under Section 9 of the Hindu Marriage Act, 1955 to the file of the Ld. Family Court, Kolhapur.” osk 1 of 3 45-MCA-29-2026 (C).docx 3. Applicant is the duly married wife of the Respondent. 4. Mr. Balkrushna Patil, learned Advocate for the Applicant states that the Applicant has filed HMP No. 301 of 2022 against the Respondent before the Family Court at Kolhapur. He submits that after the institution of the said Petition by the Applicant, the Respondent (husband) filed Marriage Petition No. 254 of 2022 under Section 9 of the Hindu Marriage Act, 1955 before the Civil Judge Senior Division at Jaysingpur. 5. Mr. Balkrushna Patil, learned Advocate for the Applicant, submits that the request for transfer of Marriage Petition No. 254 of 2022, filed by the Respondent, to the Family Court at Kolhapur is made on account of the inconvenience caused to the Applicant. He submits that the Applicant has no source of income. 6. Mr. Nikhil Pawar, learned Advocate for the Respondent, raises an objection to the maintainability of these proceedings on the ground that the Applicant should approach the District Court under Section 24 of the CPC to seek transfer of the proceedings. 7. Perused the records. 8. Considering the statements made by the Applicant in this Application and the ground for transfer put forth by the Applicant, namely inconvenience osk 2 of 3 45-MCA-29-2026 (C).docx and further considering that the Hindu Marriage Petition No. 301 of 2022, which was filed earlier by the Applicant, is pending before the Family Court at Kolhapur, the proceedings of Marriage Petition No. 254 of 2022, pending before the Civil Judge Senior Division at Jaysingpur, are transferred to the Family Court at Kolhapur. 9. Accordingly, this Application is allowed by transferring the Marriage Petition No. 254 of 2022, pending before the Civil Judge, Senior Division, at Jaysingpur, to the Family Court at Kolhapur. 10. The Principal District Judge, Kolhapur, is directed to allot Marriage Petition No. 254 of 2022 to the Court seized of Hindu Marriage Petition No. 301 of 2022. 11. Misc. Civil Application No. 29 of 2026 is allowed on the aforesaid terms. [ ASHWIN D. BHOBE, J. ] osk 3 of 3 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.08.28 12:08:01 +0530