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1/4 24-MCA-20-2026 (C).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO. 20 OF 2026 Sushma Jeevan Bhandare @ Sushma Ramesh Dhekle …...Applicant VERSUS. Jeevan Janardhan Bhandare …...Respondent ----- Ms. Mansi Patil a/w Mr. Rajdeep Shitole i/b Mr. Nikhil Pawar, for the Applicant. Mr. Sunil Kamble a/w Mr. Sandesh Kamble h/f Mr. Sachin M. Patil, for Respondent. -------
CORAM : ASHWIN D. BHOBE, J. DATE : 3rd SEPTEMBER, 2026. P.C.
1. Heard Ms. Mansi Patil, learned Advocate for the Applicant and Mr. Sunil Kamble, learned Advocate for the Respondent.
2. By this Application filed under Section 24 of the Code of Civil Procedure, 1908, at the instance of the Applicant (Wife), who resides in Islampur, District Sangli, the Applicant has sought the following substantial relief:
“a. This Hon’ble Court may be pleased to transfer the Marriage Petition bearing No.679 of 2024 pending before the Ld. Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.04 14:01:57 +0530
2/4 24-MCA-20-2026 (C).DOC Family Court Belapur, Navi Mumbai to the Civil Judge, Senior Division, Islampur.”
3. The Respondent (Husband) has filed Marriage Petition No. 679 of 2024 before the Family Court, Belapur, Navi Mumbai.
4. Ms. Mansi Patil, learned Advocate for the Applicant submits that the Applicant seeks transfer of the Marriage Petition No. 679 of 2024 on the following grounds: (A) That the Applicant is a homemaker, having the responsibility of taking care of a minor child aged 1 ½ years and has no independent source of income; (B) That the distance between Islampur District, Sangli and Belapur, Navi Mumbai, is approximately 300 km, causing considerable inconvenience to the Applicant (Wife).
5. Mr. Sunil Kamble, learned Advocate for the Respondent, submits that the Applicant's presence is not required on every date of hearing in Marriage Petition No. 679 of 2024 and therefore, opposes the present Application.
6. Perused the Record.
7. In N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha1, the Hon’ble Supreme Court, in paragraph 9 has observed as under:- 1 2022 SCC OnLine SC 1199 Shantanu S. Dhudum
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“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. The fact that the Applicant is a homemaker responsible for the care of a minor child aged 1 ½ years, born out of wedlock to the Respondent, and that the distance between Islampur, District Sangli and Belapur, Navi Mumbai, is approximately 300 k.m. is not in dispute.
9. Based on the facts stated in this Application and the submissions made by Ms. Mansi Patil, learned Advocate for the Applicant, it is evident that the inconvenience and hardship to the Applicant in attending and pursuing the proceedings at Belapur would be considerably greater than any inconvenience, if any, that may be caused to the Respondent. The Applicant is therefore entitled to the relief prayed for in this Application. Shantanu S. Dhudum
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10. In view of the above, this Application is allowed in terms of prayer Clause (a). Consequently, Marriage Petition No. 679 of 2024, pending before the Family Court, Belapur, Navi Mumbai, is withdrawn and transferred to the Civil Court at Islampur, District Sangli, having jurisdiction to entertain and try said matrimonial and family disputes.
11. The Principal District Judge, Sangli, is requested to assign Hindu Marriage Petition No. 679 of 2024 to the Civil Court at Islampur, District Sangli having jurisdiction to entertain and try matrimonial and family matters.
12. The Applicant shall place a copy of this order before the Principal District, Judge, Sangli.
13. Miscellaneous Civil Application No.20 of 2026 is disposed of.
( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum