1/4 16-MCA-26-2026 (C).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO. 26 OF 2026 Bhakti Saurabh Yadav Maiden Name Ms Bhakti Vijay Udanur …...Applicant VERSUS. Saurabh Sanjay Yadav …...Respondent ----- Mr. Ashitosh G. Pawar (Through VC), for Applicant. Mr. Sujay Joshi (Through VC), for the Respondent. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 10th SEPTEMBER, 2026. P.C. 1. Heard, Mr. Ashitosh G. Pawar, learned Advocate for the Applicant and Mr. Sujay Joshi, learned Advocate for the Respondent. 2. By this Application filed under Section 24 of the Code of Civil Procedure, 1908, the Applicant has sought the following substantial relief, as reproduced verbatim: “A. That this Hon’ble Court be pleased to pass an appropriate order under Section 24 of the Civil Procedure Code, 1908 and transfer the proceedings being Petition A- No.1845/2025 before the Hon’ble Family Court at Pune to the Family Court at Solapur.” Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.15 17:41:22 +0530 2/4 16-MCA-26-2026 (C).DOC 3. The Applicant (wife) has sought transfer of Marriage Petition A - No.1845 of 2025, filed by the Respondent (husband) before the Family Court at Pune, to the Family Court at Solapur, on the following grounds: A. The Applicant has no independent source of income and is entirely dependent on her family. B. The distance between Pune and Solapur is approximately 265 kilometres each way. C. The Applicant has her two aged and ailing parents to look after, and therefore attending and pursuing the proceedings before the Family Court at Pune causes her inconvenience and hardship. 4. Mr. Ashitosh G. Pawar, learned Advocate for the Applicant, submits that the Applicant has filed three (3) criminal proceedings against the Respondent and his family members before the Criminal Courts in District Solapur. He further states that the aforesaid three (3) proceedings were filed earlier. 5. Mr. Sujay Joshi, learned Advocate for the Respondent, submits that although the Respondent is employed in a private company, it would be inconvenient for him to attend the Family Court at Solapur, as he would have to be absent from his job, which may put his employment at risk. Shantanu S. Dhudum 3/4 16-MCA-26-2026 (C).DOC 6. Mr. Sujay Joshi, learned Advocate for the Respondent, however, does not dispute the statement made by Mr. Ashitosh G. Pawar, learned Advocate for the Applicant, that the Applicant has filed three (3) criminal proceedings against the Respondent and his family members, which are pending before the Courts at Solapur and that the Respondent is attending those proceedings. 7. Perused the record. 8. In N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha1, the Hon’ble Supreme Court, in paragraph 9, has observed as under:- “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.” 9. Considering the difficulties expressed by the Applicant in attending to and pursuing Marriage Petition A No. 1845 of 2025, which is 1 2022 SCC OnLine SC 1199 Shantanu S. Dhudum 4/4 16-MCA-26-2026 (C).DOC pending before the Family Court at Pune and bearing in mind that the three (3) criminal proceedings instituted by the Applicant against the Respondent and his family members, which are pending before the Courts at Solapur and were filed prior to the filing of Marriage Petition A No. 1845 of 2025, the inconvenience that would be caused to the Applicant would be much greater than the inconvenience that would be caused to the Respondent if Marriage Petition A No. 1845 of 2025 is transferred to Solapur. 10. In view of the above, the Application is allowed in terms of prayer clause (A). Consequently, Marriage Petition A-No. 1845 of 2025 pending before the Family Court at Pune is hereby withdrawn and transferred to the Family Court at Solapur. 11. The Applicant shall place a copy of this order before the Principal District Judge, Solapur, to enable assignment of Marriage Petition A-No. 1845 of 2025 to the concerned Family Court at Solapur. 12. Miscellaneous Civil Application No.372 of 2025 is disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum