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2026 DAILYLAW 8745 (BOM)

MRS. LAXMI SANTOSH TIWARI @ LAXMI VISHNU CHANDEL v. MR. SANTOSH RAMSHEVAK TIWARI

MCA/218/2026 · 2026-09-16

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

31-MCA-218-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 218 OF 2026 Mrs. Laxmi Santosh Tiwari … Applicant @ Laxmi Vishnu Chandel Vs. Mr. Santosh Ramshevak Tiwari … Respondent Ms. Sheetal M. Ubale for the Applicant. Mr. Santosh R. Tiwari – Respondent present in Court. CORAM : GAURI GODSE, J. DATE : 16th SEPTEMBER 2026 ORDER : 1. This application is filed by the applicant through legal aid service. The applicant seeks transfer of the marriage petition filed by the respondent-husband from the Family Court at Thane to the civil court at Hinganghat, District Wardha. 2. The respondent is served and is present in person. He submits that he has no objection to transfer the proceeding as prayed in the application. He further submits that he has strong objection to the allegations made in the application against him. He therefore denies all the allegations. 1/3 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2026.09.17 15:03:50 +0530 31-MCA-218-2026.docx 3. I have perused the application. The allegations pertain to the main proceedings. Hence, I do not find it necessary to deal with the allegations in the application. The rival contention of the parties on merits including the allegations made in this application can be considered in the marriage petition. 4. The applicant has contended that she is unable to attend the court at Thane due to financial constraints and that she resides at Wardha which is approximately 751 km from Thane. Hence, the applicant has made out a case for transfer. 5. By consent the application is allowed in terms of prayer clause (a) which reads as under : “(a) This Hon’ble Court be pleased to transfer the Petition No. A-423/2024 pending in the file of Ld. Family Court, Thane to the file of Ld. Civil Judge Senior Division Hinganghat, Dist.-Wardha for further proceeding and hearing in the matter accordingly.” 6. It is clarified that the respective contentions of the parties on merits including the allegations made in the 2/3 31-MCA-218-2026.docx present application are kept open. It is clarified that this court has not dealt with the allegations made against the respondent. [GAURI GODSE, J.] 3/3