Extracted from the PDF above. The PDF is authoritative.
IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD 915 MISC.CIVIL APPLICATION NO. 141 OF 2026 Khushboo Kamlesh Tardeja VERSUS Kamlesh Vijay Tardeja ... Advocate for Applicant : Mr. Jagiasi Dinesh Shyamsunder Advocate for Respondent : Mr. A. A. Joshi h/f Mr. Sharad V Natu ...
CORAM : ROHIT W. JOSHI, J. Dated : September 02, 2026 PER COURT :-
1. The present application is filed under Section 24 of the Code of Civil Procedure seeking transfer of Petition No. A-405 of 2025 from the Family Court, Amravati to the Family Court at Chhatrapati Sambhajinagar.
2. The contention of the applicant-wife is that the distance between Amravati and Sambhajinagar is around 300 km and that she does not have sufficient means to undertake the travel. It is pointed out that, on an earlier occasion, the respondent-husband had filed a petition for restitution of conjugal rights at Amravati and, on an application filed by the applicant-wife, the said proceeding was ordered to be transferred from Amravati to Sambhajinagar. The learned Advocate contends that the present application should also be allowed in view of the aforesaid
order allowing the transfer application passed in MCA No. 272 of 2023 on 30th November 2023. Page
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3. The learned Advocate for the respondent-husband opposes the application. He contends that the earlier application was allowed since the respondent-husband did not oppose the transfer application and, rather, granted his "no objection" for allowing the same. As regards the merits, it is stated that the applicant-wife is not residing at Sambhajinagar as pleaded by her, but at Mumbai, and is working as a numerologist and tarot card reader. Attention is drawn to the LinkedIn profile of the applicant-wife in support of this contention.
4. The learned Advocate further states that, in the earlier proceedings instituted for restitution of conjugal rights, the applicant-wife did not attend the proceedings. He contends that, although the distance between Amravati and Sambhajinagar (Aurangabad) is around 300 km, both cities are major cities which are very well connected by modes of public transport. He also contends that, in view of the recently built expressway, the travel time between the two cities is around two and a half to three hours only.
5. It appears that there is substance in the contention of the respondent-husband that the earlier restitution petition was not contested by the wife by attending the court proceedings. The only Page
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915 MCA 141-2026 ground that is raised for seeking transfer of the petition is that the distance between Amravati and Sambhajinagar is around 300 km and that the wife would face financial and other hardships in attending the proceedings. Having regard to the fact that both cities are major cities which are very well connected by modes of public transport, in the considered opinion of this Court, no case is made out for seeking transfer of the marriage petition from Amravati to Sambhajinagar.
6. The Transfer Application is, therefore, rejected. However, on such dates on which the applicant-wife is required to remain personally present before the Family Court, Amravati, the husband shall pay travelling expenses and other expenses to the applicant- wife.
7. The learned concerned Family Court, Amravati, is requested to permit the applicant-wife to appear through video conferencing on such dates and at such stages as may be found appropriate.
( ROHIT W. JOSHI, J. ) vj gawade/-. Page
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