1/4 911-MCA-11-2026 (C).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO. 11 OF 2026 Sampada Akshay Sawant …...Applicant VERSUS Akshay Sanjay Sawant …...Respondent _________________________________________________________________ Mr. Rajvardhan K. Sasawade i/b Ms. Latika H. Belindage, for the Applicant. Mr. Mohit P. Dalvi (Through V.C.) a/w Mr. Vaibhav v. Arage, for Respondent. _________________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 4th SEPTEMBER, 2026. P.C. 1. Heard Mt. Rajvardhan K. Sasawade, learned Advocate for the Applicant and Mr. Mohit P. Dalvi, 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). That this Hon’ble Court be pleased to transfer Marriage Petition No.214 of 2025 filed before the Hon’ble Civil Judge, Senior Division, Khed to the Hon’ble Civil Judge, Senior Division, Kalyan.” Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.07 18:30:44 +0530 2/4 911-MCA-11-2026 (C).DOC 3. Mr. Rajvardhan K. Sasawade, learned Advocate for the Applicant submits that the Applicant (Wife) is seeking transfer of the Marriage Petition No.214 of 2025 filed by the Respondent (Husband) before the Civil Judge, Senior Division, Khed, seeking dissolution of the marriage under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. 4. Mr. Rajvardhan K. Sasawade, learned Advocate for the Applicant, submits that the transfer of Marriage Petition No.214 of 2025 is sought principally on the ground that an earlier Marriage Petition No. 1566 of 2025, filed by the Applicant, is pending before the Civil Judge, Senior Division, Kalyan, District Thane. He submits that the Applicant is resident of Kalyan, District Thane, and would face considerable inconvenience in attending and pursuing the proceedings before the Civil Judge, Senior Division, Khed. 5. Mr. Mohit P. Dalvi, learned Advocate for the Respondent, submits that the Applicant is not required to remain personally present before the Civil Judge, Senior Division, Khed, on every date of hearing. He, therefore, opposes this Application. 6. Perused the record. 7. The record placed before this Court indicates that the Respondent had earlier approached this Court by filing Miscellaneous Civil Application No.77 of 2026, seeking transfer of the Marriage Petition Shantanu S. Dhudum 3/4 911-MCA-11-2026 (C).DOC No.1566 of 2025 filed by the Applicant before the Civil Judge, Senior Division, Kalyan, District Thane, to the Court of the Civil Judge, Senior Division, Khed, District Ratnagiri. 8. By order dated 6th March, 2026, this Court declined the request and rejected Miscellaneous Civil Application No.77 of 2026 filed by the Respondent. 9. Considering the facts stated in the present Application, it is evident that Marriage Petition No.1566 of 2025, filed by the Applicant, is pending before the Civil Judge, Senior Division, Kalyan, District Thane, (the same being a petition which is prior in point of time). The Respondent's request for transfer of the said Petition from Kalyan to Khed was rejected by this Court by order dated 6th March, 2026 passed in Miscellaneous Civil Application No.77 of 2026. 10. Applicant has pleaded inconvenience as a ground for seeking transfer. 11. In view of the above circumstances, and in order to avoid parallel proceedings before two different Courts, the present Application deserves to be allowed. Accordingly, the Application is allowed in terms of prayer clause (a). Consequently, Marriage Petition No.214 of 2025 filed by the Respondent pending before the Civil Judge, Senior Division, Khed, is Shantanu S. Dhudum 4/4 911-MCA-11-2026 (C).DOC withdrawn and transferred to the Civil Judge, Senior Division, Kalyan, District Thane. 12. The Principal District Judge, Thane, is requested to assign Marriage Petition No.214 of 2025 to the Civil Court at Kalyan which is seized of Marriage Petition No.1566 of 2025 filed by the Applicant 13. The Applicant shall place a copy of this order before the Principal District Judge, Thane. 14. All contention of the parties on the merits of the Marriage Petition are left open. 15. Miscellaneous Civil Application No.11 of 2026 is disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum