Bombay High Court

Pune Zilla Sahakari Dudh Utpadak Sangh ... vs Pune Zilla Sahakari Dudh Utpadak ... on 17 November, 2025

2025:BHC-AS:49537



                    Diksha Rane                                                8 MCA 4842024 & ANR..doc




                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                          MISC. CIVIL APPLICATION NO.484/2024

                    AJAY SHARAD NAGARE                               ..APPLICANT
                         VS
                    PALLAVI AJAY NAGARE NEE
                    PALLAVI SANDIP ASHTEKAR                   ..RESPONDENT
                                                          WITH
                                          MIC. CIVIL APPLICATION NO. 252/2025

                    SOU PALLAVI AJAY NAGRE                           ..APPLICANT
                         VS
                    AJAY SHARAD NAGRE                    ..RESPONDENT
                                                ------------
                    Adv. Priyal G. Sarda a/w. Adv. Seema Dighe for applicant in
                    MCA/484/2024 & for respondent in MCA/252/2025.
                    Mr. Anup Lahoti for respondent in MCA/484/2024 and applicant in
                    MCA/252/2025.
                                                ------------
                                            CORAM : RAJESH S. PATIL, J.

                                                     DATE    :       17 NOVEMBER 2025.

                    P.C. :

1. Misc. Civil Application No. 484/2024 has been filed by the

applicant, husband, who is seeking transfer of Section 9 proceedings

filed by the respondent, wife before the Family Court at Pune to the

Civil Judge Senior Division, Junnar.

2. Similarly, the wife has filed transfer petition being Misc. Civil

Application No.252 of 2025 seeking transfer of husband's divorce

petition filed before the Civil Judge Senior Division, Junnar to the

Diksha Rane 8 MCA 4842024 & ANR..doc

Family Court, Pune and to be heard along with Section 9 petition

filed by the wife.

3. It is the wife's case that after there was matrimonial discord,

and the husband has thrown her out of the house, so also, he is not

allowing her to meet her twins children. She is working as a house

maid as she has studied upto standard VIII, and for shelter she is at

mercy of her widowed mother and unmarried brother. The husband

is not paying any maintenance to her. The husband's family is well off

and owner of large parcels of land, so also, they own a Maruti Suzuki

Ertiga car and.

4. The husband is staying at Narayangaon, and he had initially

filed proceedings before the Civil Judge Senior Division, Khed, which

is 30 to 40 kms away from his house. Subsequently, a new Court was

set up at Junnar pursuant to which the proceedings filed by the

husband were transferred from Khed to Junnar. If the proceedings are

transferred to Pune, the husband has to travel around 60 kms.

Initially, he was traveling around 30 to 40 kms. from Narayangaon to

Khed. His family owning Ertiga car and in contrast the wife is

working as a house help in different homes. The husband is not

paying any kind of maintenance to her.

Diksha Rane 8 MCA 4842024 & ANR..doc

5. On behalf of the wife, it is also submitted that the wife is

staying at Shivne which is around 20-30 kms away from Pune city

and if she has to attend the proceedings at Junnar, it will be around

120 kms. for which she has to change at least 2-3 State Transport

buses.

6. It is submitted by learned counsel for the husband that twin

children are in the custody of the husband. The husband is also

residing with his parents and unmarried sister, who is 31 years old,

and 55% mentally retarded.

7. While this matter was argued, learned counsel appearing for

the wife suggested that it is not at all difficult for the husband to

attend the proceedings at Pune as in any case he had filed the

proceedings at Khed which is 30 to 40 kms. away from his house and

if proceedings are transferred, he has to travel 20 kms. more. It

would not be inconvenient for him as he is owning Ertiga car bearing

registration No.MH-14-KA-4669 which is mentioned in Misc. Civil

Application. While this point was argued, learned counsel appearing

for the husband denied that the husband is owning any such car. It

was further contended by learned counsel appearing for the wife that

the car in fact is in the name of the father of the husband. At that

Diksha Rane 8 MCA 4842024 & ANR..doc

time, Mr. Sarda submitted that he would have to take instructions

from his client on the issue of his family owning the car.

8. As the matter was further argued and I had suggested to

Mr.Sarda that even on merits the matter can be transferred as there

will be no inconvenience caused to the applicant who was otherwise

traveling 30 to 40 kms. in his own car and by transferring

proceedings to Pune, he would have to travel 20 kms. more and

hence, whether he will on instructions like to give consent. However,

Mr. Sarda insisted that he is not giving any consent and the order has

to be passed on merits.

9. Supreme Court in case of N.C.V. Aishwarya vs. A.S.Saravana

Karthik Sha, reported in 2022 SCC OnLine SC 1199 has held that the

convenience of the wife has to be seen for the transfer proceedings.

Paragraph no.9 of the said judgment reads 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 to 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.

(Emphasis supplied)

Diksha Rane 8 MCA 4842024 & ANR..doc

10. Considering the law laid down by the Hon'ble Supreme Court

in case of N.C.V. Aishwarya (supra) and considering the facts of the

present case, I am convinced that the application filed by the husband

requires to be dismissed with cost and similarly, the application filed

by the wife requires to be allowed.

11. Hence, Misc. Civil Application No.252/2025 is allowed in

terms of prayer clause (a) and disposed of accordingly.

12.1 The proceedings in Marriage Petition No.238/2025 pending

before the Civil Judge Senior Division, Junnar, be transferred to the

Family Court at Shivajinagar, Pune and be heard along with Marriage