Bombay High Court
Akanksha Yogesh Bhosale vs Yogesh Ashok Bhosale on 26 September, 2025
2025:BHC-AS:41249
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Digitally
signed by
KANCHAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN VINOD
VINOD MAYEKAR
MAYEKAR Date:
2025.09.29
17:19:14
+0530
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS CIVIL APPLICATION NO. 83 OF 2025
Akanksha Yogesh Bhosale ..... Applicant
VERSUS
Yogesh Ashok Bhosale ..... Respondent
Ms. Kranti Bhosale for the Applicant.
Mr.Himanshu Nagarkar for the Respondent.
CORAM : RAJESH S. PATIL, J.
DATE : 26 SEPTEMBER, 2025
P.C. :-
1) Ms.Bhosale, learned advocate appearing for the applicant
seeks leave to amend the prayer clause of the Miscellaneous Civil
Application by correcting the year of Petition No. 2144 of 2024 to
Petition No. 2144 of 2023.
1.1) Leave granted.
1.2) Amendment to be carried out forthwith.
2) This is a transfer application filed by the applicant wife of
respondent, seeking transfer of the divorce proceedings filed by the
husband before the Family Court at Pune to the Family Court at
Nashik.
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3) I have heard learned advocates for both the sides and I
have gone through the documents on record.
4) It is wife's case that she is staying at Nashik with her
parents and the respondent is working at Bangalore. He has his house
at Pune where his parents are residing. There is no issue out of the
wedlock of the applicant with the husband. It has been submitted
before me that the mediation has failed four times, two before the
Family Court and two before the D.V. Court.
5) It has also been submitted before me that the husband
has filed proceeding at Pune and in order to attend those proceedings,
even the husband has to travel from Bangalore if the proceedings of
the Pune are transferred to Nashik where the D.V. proceedings filed by
the wife and the restitution of conjugal right petition filed by the wife
are pending, all three proceedings can be heard together and in any
case, the husband is not staying in Pune. Therefore, if the question of
convenience is considered, it will be inconvenience for the wife who
has to travel from Nashik to Pune whereas the husband who is
residing at Bangalore, has to travel from Bangalore to Pune by a
flight/train or Nashik, where a direct flight is available.
6) The Hon'ble Supreme Court in case of N.C.V. Aishwarya
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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)
7) Considering the law laid down by the Hon'ble Supreme
Court in case of N.C.V. Aishwarya (supra) and the facts of the present
case, in my view, the present Miscellaneous Civil Application requires
to be allowed.
8) Mr. Nagarkar, learned advocate appearing for the
respondent submits that one has to also consider the facts of the
Hon'ble Supreme in case of N.C.V. Aishwarya (supra). He submits that
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one has to consider the distance between Chennai and Vellore.
9) I have considered the facts as narrated in the judgment of
N.C.V. Aishwarya (supra) in the said judgment, place to travel was
from Chennai to Vellore where the distance is around 140 km. In any
case, it is a law which is laid down by the Hon'ble Supreme Court and
the same would be applicable in the present proceedings.
10) In the present proceeding, the wife would have to travel
from Nashik to Pune which is around 190 km. In any case, the
respondent husband is not residing in Pune. Admittedly, he is residing
at Bangalore and has to travel from Bangalore to Pune on the date of
the hearing. Instead of that, he has to travel from Bangalore to Nashik
if the present Miscellaneous Civil Application is allowed.
11) Considering the facts, the present Miscellaneous Civil
Application is allowed in terms of prayer clause (a). The said prayer
clause (a) reads as under :-
(a) This Hon'ble Court be Pleased to transfer the Divorce Petition
for Divorce allegedly filed by present Respondent under section 27
(d) of the Special Marriage Act 1954 bearing Petition No.2144 of
2023 titled Mr. Yogesh Ashok Bhosale V/s Akansha Yogesh Bhosale
filed Before the Family Court Pune, at Pune filed by the present
respondent pending before the Learned District court Pune , to Nasik
Family Court , Nasik .
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12) The Family Court at Pune is directed to transfer the
proceeding of Petition No. 2144 of 2023 within four weeks to the
Family Court at Nashik.
13) The Family Court at Nashik to hear the transfer Petition
No. 2144 of 2023 alongwith Petition No. 730 of 2023.
[RAJESH S. PATIL, J.]
