1/4 26-MCA-49-2026 (C).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO. 49 OF 2026 Asha Amit Bhate …...Applicant VERSUS. Amit Rajendra Bhate …...Respondent ----- Ms. Siddhi Diwan a/w Adv. Y. S. Sawant, for Applicant. Mr. Swaroop Godbole (Through VC), for Respondent. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 3rd SEPTEMBER, 2026. P.C. 1. Heard Ms. Siddhi Diwan, learned Advocate for the Applicant and Mr. Swaroop Godbole, learned Advocate for Respondent. 2. By the present Application filed under Section 24 of the Code of Civil Procedure, 1908, the Applicant has sought the following substantial relief: “A. Transfer the hearing of Petition No.A-921 of 2026 pending before the Learned Family Court, Pune to the Learned Family Court, Kolhapur to try and proceed from the point at which it was transferred.” Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.04 14:01:57 +0530 2/4 26-MCA-49-2026 (C).DOC 3. The present Application is filed by the Applicant (Wife), who is a homemaker and has the responsibility of maintaining and taking care of her minor daughter aged about five (5) years. She seeks the transfer of Marriage Petition No. A-921 of 2026, pending before the Family Court at Pune, to the Family Court at Kolhapur. The ground for seeking transfer is that the Applicant has no independent source of income and is required to care for the minor child born out of wedlock to the Respondent, which causes her considerable inconvenience in attending and pursuing the proceedings at Pune. 4. Ms. Siddhi Diwan, learned Advocate for the Applicant, submits that the distance between Pune and Kolhapur is approximately 250 km, making it very difficult and inconvenient for the Applicant to travel to Pune to attend the proceedings of Marriage Petition No. A-921 of 2026. 5. Mr. Swaroop Godbole, learned Advocate for the Respondent, submits that the Applicant need not be personally present before the Family Court at Pune on every date and may appear through Video Conferencing (V.C.). He further submits that the Applicant has instituted criminal proceedings against the Respondent, including proceedings under Section 498-A of the Indian Penal Code, 1860, before the Court at Kolhapur, in which the Respondent and his family members are also required to appear. 6. Perused the Record. Shantanu S. Dhudum 3/4 26-MCA-49-2026 (C).DOC 7. In N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha1, the Hon’ble Supreme Court in paragraph 9, has observed as follows:- “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 the 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 of 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.” 8. Considering the facts stated in the Application and the submissions advanced by the learned Advocates appearing for the parties, the inconvenience to the Applicant in attending and pursuing Marriage Petition No. A-921 of 2026 at Pune would be considerably greater than the inconvenience that may be caused to the Respondent if required to attend the proceedings at Kolhapur. 1 2022 SCC OnLine SC 1199 Shantanu S. Dhudum 4/4 26-MCA-49-2026 (C).DOC 9. Even otherwise, the Respondent is required to appear before the Criminal Court at Kolhapur in the criminal proceedings instituted by the Applicant at Kolhapur. 10. In view of the above, this Application is allowed in terms of prayer clause (A). Consequently, the Marriage Petition No. A-921 of 2026, pending before the Family Court at Pune, is withdrawn and transferred to the Family Court at Kolhapur. 11. The Principal District Judge, Kolhapur, is requested to assign Marriage Petition No.A- 921 of 2026 to the Family Court at Kolhapur. 12. The Applicant shall place a copy of this order before the Principal District Judge at Kolhapur. 13. Miscellaneous Civil Application No.49 of 2026 is disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum