Mrs Rinku Manoj Sattyavijay vs Mr Manoj Nana Sattyavijay
2025 Latest Caselaw 5247 Bom

Bombay High Court

Mrs Rinku Manoj Sattyavijay vs Mr Manoj Nana Sattyavijay on 3 September, 2025

       2025:BHC-AS:37023

                      Sumedh                                              31-asmca-312-2024+-J.doc

                                 IN THE HIGH Court OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION
                             MISCELLANEOUS CIVIL APPLICATION NO.312 OF 2024

                      Manoj S/o. Dnyaneshwar Sattyavijay            ]
                      Age: 39 years, Occ.: Business,                ]
                      R/o. Mu.Po. Boraadi,                          ]
                      Tq. Shirpur, Dist. Dhule                      ]        ...Applicant.

                           Versus

                      Rinku Manoj Sattyavijay                       ]
                      @ Rinku d/o. Bharat Patil,                    ]
                      Age: 35 years, Occ.:Nil,                      ]
                      R/o. C/o. Bharat Rambhau Patil,               ]
                      25/2, Patil House, Ghodbandar Road,           ]
                      Gaaymukh, Retibandar,                         ]
                      G.B. Road, Thane - 35                         ]        ...Respondent.

                                                  WITH
                               MISCELLANEOUS CIVIL APPLICATION NO.42 OF 2024

                      Rinku Manoj Sattyavijay,                      ]
                      Age: 33 years, Occ.: Nil,                     ]
                      Residing at:C/o Mr Bharat Rambhau Patil,      ]
                      Gaimukh, Reti Bunder, G.B. Road,              ]
                      Post: Kasarvadavli, Thane (West)              ]        ...Applicant.

                           Versus

                      1. Manoj Nana Sattyavijay,                    ]
                      Age: 40 years, Occ: Business,                 ]
                      Residing at: At Post Boradi, Shivaji Nagar,   ]
                      Taluka: Shirpur, Dist: Dhule-425428.          ]

                      2. Sagar Kailash Girgosavi,                   ]
                      Adult, Occ: Business,                         ]
                      Residing at: At Post Boradi, Shivaji Nagar,   ]
                      Taluka: Shirpur, Dist: Dhule - 425428         ]        ...Respondent.




         Digitally
         signed by
         SUMEDH
SUMEDH   NAMDEO
NAMDEO   SONAWANE
SONAWANE Date:
                                                                                             1/8
         2025.09.04
         09:11:34
         +0530




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Mr. Shantanu Deshpande (VC) a/w. Adv. Aishwarya Gaikwad i/by
Divya Pawar for the Applicant in MCA/312/2024 and for the
Respondent in MCA/42/2024.

Mr. Mahendra M. Agavekar for the Applicant in MCA/42/2024 and
for the Respondent in MCA/312/2024.


                                  CORAM    : KAMAL KHATA, J.
                              RESERVED ON : 22nd August, 2025.
                             PRONOUNCED ON : 3rd September 2025.


JUDGMENT:

1) There are two Transfer Applications before this Court:

Miscellaneous Civil Application No.312 of 2024 filed by the

Applicant-husband and Miscellaneous Civil Application No.42 of

2025 filed by the Applicant-wife.

2) By the Application No. 312 of 2024, the Applicant-

husband seeks transfer of Marriage Petition A-472 of 2023 filed by

the Respondent-wife before the Family Court, Thane to Civil Judge

Senior Division, District, Dhule to be clubbed and heard alongwith

Hindu Marriage Petition (H.M.P.) No. 175 of 2023.

3) By the Application No. 42 of 2024, the Applicant-wife

seeks transfer of the Hindu Marriage Petition (H.M.P.) No. 175 of

2023 filed before Joint Civil Judge Senior Division, Dhule to Principal

Judge Family Court, Thane to be clubbed and heard along with

Sumedh 31-asmca-312-2024+-J.doc

Marriage Petition A-472 of 2023 .

4) Mr. Agavekar, learned Advocate for the wife, submitted

that on account of persistent dowry demands, the wife was subjected

to ill-treatment, humiliation and mental harassment by the husband

and his family members, despite several demands being met both

before and after marriage, as set out in paragraph 3 to 5 of the

Petition. On 8th December 2022, the husband and his family picked up

a serious quarrel with the wife, accusing her of infidelity. When the

dispute could not be resolved even with the intervention of her

parents, she had no option but to leave the matrimonial home. The

wife made serious attempts to restore matrimonial relations, but

even notices sent by her were returned unserved by the postal

authority. She consequently filed a Petition under Section 9 of the

Hindu Marriage Act 1955 for restitution of conjugal rights on 13 th

September 2023. While awaiting service of the Petition, the husband,

by way of counterblast, filed H.M.P. 175 of 2023 seeking divorce

before Civil Judge Senior Division, Dhule. Hoping for reconciliation,

the wife attended counselling sessions before the Court on 6 th October

2023, 7th November 2023, 22nd November 2023 and on 21st December

2023, but all efforts proved unfruitful.

5) The learned Advocate further submits that the wife a

non-working lady, entirely dependent on her aged and ailing parents,

Sumedh 31-asmca-312-2024+-J.doc

and belongs to a family of limited means. Her father, a heart patient,

earns about ₹ 14,000/- per month as a watchman with a builder,

while her mother is a homemaker. It is therefore contended that the

expenses for travelling to Dhule are unaffordable.

6) Reliance is placed on N.C.V. Aishwarya v. A.S. Saravana

Karthik Sha1, Arundhati Devendra Pathak vs. Devendra Niteen

Phatak2 and Devika Dhiraj Patil vs. Dhiraj Sunil Patil3 to submit that

while considering transfer of matrimonial proceedings, the Courts

must have regard to the economic condition, social background and

overall circumstances of both parties, including their behavior

pattern, the standard of life before and after marriage, and

circumstances under which they are compelled to sustain

themselves. It is urged that, in view of the above caselaw, the wife's

convenience ought to prevail.

7) Comparing the present case with the above authorities,

the learned Advocate submitted that the Court must take into

account the wife's condition and her complete dependence on her

parents, who belong to a lower socio-economic strata of society. It is

urged that the wife would be compelled to travel alone for the

proceedings without any family support, thereby causing not only

physical inconvenience but also emotional and psychological

2022 SCC OnLine SC 1199.

2023:BHC-AS:3208 decided on 20th January 2023.

2023 (5) ALL MR 519 decided on 8th September 2023.

Sumedh 31-asmca-312-2024+-J.doc

hardship. Accordingly, it is submitted that the wife's transfer

application deserves to be allowed.

8) Per Contra Mr. Shantanu Deshpande, learned Advocate

for the Applicant-husband, submits that the marriage between the

parties was solemnized as per the Hindu Vedic rights at Dhule, under

the provisions of the Hindu Marriage Act, 1955 on 3 rd June 2011. Out

of the wedlock, two daughters were born, now aged 12 years and 6

years respectively.

9) It is submitted that the marriage itself was contracted by

the wife under undue pressure from her parents. The Applicant-

husband, however, hoped that in due course the relationship would

improve. Instead, he alleges that the wife was found committing

adultery and upon being confronted, thereafter, around December

2022, she voluntarily left the matrimonial home and began residing

with her parents. In these circumstances, the Applicant-husband

instituted a Petition for annulment of marriage under Section 13 (1)

(1a) of the Hindu Marriage Act, 1955 before CJSD, Dhule. As a

counter blast, the wife filed a Petition for restitution of conjugal rights

under section 9 of the Hindu Marriage Act at Thane.

10) It is further submitted that the Applicant-husband runs a

small kirana (grocery) shop in his village at Dhule. The two minor

children reside with him and are being cared for with the assistance

Sumedh 31-asmca-312-2024+-J.doc

of his aged parents. It is urged that the wife has previously travelled

between Thane and Dhule, and in any case, she has made no specific

averments of hardship or insurmountable inconvenience in doing so.

A general plea of inconvenience, it is submitted, cannot constitute a

valid ground for invoking this Court's jurisdiction to transfer

proceedings. The learned Advocate further submits that the husband

is willing to reimburse the actual travel expenses of the wife, along

with those of one person accompanying her. He adds that the

husband has daily responsibilities of dropping and collecting the

children from school, besides attending to his kirana shop, which is

attached to his residence and enables him to simultaneously keep an

eye on the children. Thus, he shoulders the dual responsibility of

caring for his parents and children while managing the shop which is

his sole source of livelihood.

11) Reliance is placed on the following decisions; Supriya vs.

Kamlesh4, Sushmitha B.L. vs. Raghavendra B.R .5, Neelam Bhatia vs.

Satbir Singh Bhatia6, Ketaki Prathamesh Salekar vs. Prathmesh

Ashok Salekar7 and Harsha Sharma vs. Rakesh Sharma8 to submit

that the Courts have consistently held that the mere fact of long

distance travel cannot, by itself, constitute a sufficient ground for

2017 (5) Mh.L.J. 642.

2025 (2) Civil CC, 2025: KHC:263.

Manu/SC/1340/2004.

2020 DGLS (Bom.) 1206. 2021(2)All.M.R. 66.

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14)             Having regard to the totality of the facts, I find the