5-MCA-129-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.129 OF 2026 Preeti Viraj Mane … Applicant Vs. Viraj Vijay Mane … Respondent Mr. Shubham Mhatre a/w. Ms. Janhavi Bhosale and Mr. Bhalchandra Dhapte for the Applicant. Mr. Nagesh G. Gad for the Respondent. CORAM : GAURI GODSE, J. DATE : 11th SEPTEMBER 2026 ORDER : 1. This miscellaneous application is filed by the wife seeking transfer of the Marriage Petition filed by the respondent-husband pending before the Family Court, Bandra to the Civil Court at Pimpri. 2. On the last date learned counsel for the respondent had taken time to take instructions whether respondent is agreeable to settle the dispute amicably and whether he would pay some amount towards maintenance to show his bonafide. However, learned counsel for the respondent has no instructions regarding payment of any maintenance. 1/5 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2026.09.16 10:43:08 +0530 5-MCA-129-2026.docx 3. Learned counsel for the applicant submits that the applicant is presently residing in Pune along with her minor child who is a slow learner and requires therapy and constant attention. He submits that the applicant was unable to look after the son, alone at her residence at Dadar; hence, she was constrained to shift to Pune as she was subjected to ill- treatment by the respondent and his family members. He submits that since she had no support when residing at Dadar she was constrained to shift to Pune as she has support of her parents. He submits that the applicant has no independent source of income and is dependent on her parents. 4. He submits that presently, the applicant is facing financial difficulty as no amount has been paid by the respondent. He submits that the applicant was required to borrow amount from her parents for her survival and for the expenses for her minor son. He submits that distance between Mumbai and Pune is approximately 180 kms which takes around 5 hours. Hence it is difficult for the applicant to travel from Pune to Bandra Family Court. He submits that the minor child is seven years old. Hence, it would not be 2/5 5-MCA-129-2026.docx possible for the applicant to travel from Pune to Mumbai. He therefore submits that the marriage petition filed by the respondent-husband in the Family Court at Bandra be transferred to the Civil Court at Pimpri. 5. Learned counsel for the respondent has filed his affidavit-in-reply to oppose the contentions raised in the application. Learned counsel for the respondent submits that the applicant has left the premises at Dadar on her own by keeping the premises locked. Hence, the respondent should not be made to travel till Pune as the applicant has a place to reside in Mumbai. 6. Learned counsel for the applicant on instructions submits that the premises where she was residing at Dadar is a tenanted premises in the name of respondent’s father. He on instructions submits that the applicant has not kept the premises under her independent lock and keys. 7. I have perused the papers. Various allegations and counter allegations are made by both the parties in the application and the affidavit-in-reply. However, there is no dispute that the applicant is presently residing along with her minor son at Pune. There is also no dispute that the child is 3/5 5-MCA-129-2026.docx a slow learner and would require constant attention. 8. In view of the aforesaid admitted facts regarding distance from Mumbai to Pune, the applicant residing at Pune along with her minor son with help of her parents and she having no independent source of income, the applicant would face inconvenience in traveling from Pune to Mumbai. According to the learned counsel for the respondent he is working in his father’s company. Hence there would not be any inconvenience to the respondent to attend the court at Pune. The applicant has also filed proceedings under The Protection of Women from Domestic Violence Act, 2005 in the court at Pimpri. 9. Hence, considering the aforesaid facts and circumstances of the case the applicant has made out a case to transfer the petition from Family Court at Bandra to Civil Court at Pimpri. 10. For the reasons recorded above, the miscellaneous civil application is allowed in terms of prayer clause (a) which reads as under : “(a) That Marriage Application No. A-1819 of 2024 filed 13(1)(i)(a) and 26 of the Hindu Marriage Act, 1955 4/5 5-MCA-129-2026.docx (Viraj Vijay Mane V. Preeti Viraj Mane) pending before the Hon’ble 5th Family Court at Bandra Dist : Mumbai- Suburban to the Court of Hon’ble Senior Division Pimpri, may kindly be transferred.” [GAURI GODSE, J.] 5/5