Bombay High Court
Bhagyashri Rajendra Shambharkar vs Rajendra Pandurang Shambharkar on 13 October, 2025
2025:BHC-AS:44729
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72 - MCA 119 OF 2024.doc
Digitally signed
by KANCHAN
KANCHAN
VINOD
VINOD
MAYEKAR IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MAYEKAR Date:
2025.10.14
21:09:00 +0530
CIVIL APPELLATE JURISDICTION
MISC. CIVIL APPLICATION NO. 119/2024
BHAGYASHRI RAJENDRA SHAMBHARKAR ..APPLICANT
VS
RAJENDRA PANDURANG SHAMBHARKAR ..RESPONDENT
Mr.Tushar Nikam i/b. Mr. Ganesh Bhujbal for the Applicant.
CORAM : RAJESH S. PATIL, J.
DATE : 13 OCTOBER, 2025
P.C. :-
1) None appears for the respondent though served.
2) By an order dated 26 September, 2025 this Court listed
the matter today for final disposal, when nobody appeared on behalf
of the respondent though he was duly served.
3) This is a transfer petition filed by the applicant-wife
seeking transfer of the Section 9 petition filed under Hindu Marriage
Act, for restitution of conjugal rights by the husband before the Civil
Judge, Senior Division, Wardha to the Family Court at Belapur where
the petition filed by her, seeking divorce is already pending for
hearing.
4) It is the case of the applicant-wife that the distance
between Wardha and Belapur is approximately 550 kms. Therefore, it
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is inconvenient for her to travel and to attend the court proceedings
on the same day. She does not have anyone to accompany her while
travelling to Wardha to attend the court proceedings. She is working
in Bank of India, Airoli Branch, Thane. Therefore, it is difficult for her
to travel to Wardha by taking leave from her office.
5) Learned advocate for the applicant further submitted that
both the proceedings are at initial stage and the evidence has not
started. Therefore, both the proceedings can be clubbed together and
be heard by one and the same judge. He further submitted that the
respondent is a businessman. Due to marital discord, the applicant
and respondent are staying separately.
6) The Hon'ble 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
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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)
7) 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, where the wife is staying in Navi Mumbai and the
proceedings are filed at Wardha, which is around 550 kms away and
there is nobody to accompany the applicant to attend the court
proceedings at Wardha, hence according to me ground is made out to
allow the present Miscellaneous Civil Application with the permission
to the parties to appear through Video conferencing.
8) Miscellaneous Civil Application stands allowed in terms of
prayer clause (a). The said prayer clause (a) reads as under :-
(a) This Hon'ble Court, be please to transfer the Hindu
Marriage Petition No. 196 of 2023 pending before the Ld.Civil
Judge (S.D.), Vardha filed by the Respondent/Husband to the
Ld. Family Court, CBD Belapur, Navi Mumbai.
9) The proceedings at Hindu Marriage Petition No. 196 of
2023 pending before the Civil Judge, Senior Division, Wardha, shall be
transferred to the Family Court at CBD, Belapur within a period of
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four weeks from today.
10) Both the parties are granted permission to attend the
court proceedings through video conferencing. However, if the Judge
hearing the matter is of the opinion that their personal appearance is
necessary, the parties shall be required to attend the proceedings in
person before the Court.
11) Hindu Marriage Petition No. 1470 of 2023 pending before
the Civil Judge, Senior Division, CBD Belapur, Navi Mumbai be tagged
and heard alongwith Hindu Marriage Petition No. 196 of 2023 by one
and the same Judge.
12) The hearing of the petitions is expedited. The parties will
not seek unnecessary adjournment and will co-operate with the Court
for early disposal of the Petitions.
[RAJESH S. PATIL, J.]
