Shruti Mukesh Shinde vs Mukesh Bhimsen Shinde — Matrimonial and Divorce | Bombay HC (2025)

Shruti Mukesh Shinde vs Mukesh Bhimsen Shinde — Matrimonial and Divorce | Bombay HC (2025)

What the court decided

AI extract

Outcome

Miscellaneous Civil Application No. 281 of 2024 allowed; Marriage Petition A No. 121 of 2024 transferred from the Family Court, Pune to the Family Court, Solapur for hearing and disposal in accordance with law; the learned Judge, Family Court, Pune to transfer the record and proceedings so that it reaches the Family Court, Solapur within four weeks from communication of the order; liberty to the Respondent to appear before the Family Court, Solapur through video conferencing.

Issue for consideration

Whether Marriage Petition A No. 121 of 2024 (Respondent-husband's petition for restitution of conjugal rights) pending before the Family Court, Pune ought to be transferred to the Family Court, Solapur, having regard to the Applicant-wife's residence at Solapur, the inconvenience and hardship of travelling over 250 kms, and the pendency of her own matrimonial proceedings before the courts at Solapur.

Court's answer

There is material to indicate the Applicant is residing with her parents at Solapur, where the proceedings instituted by her are sub judice; the distance between Solapur and Pune is about 250 kms; the element of inconvenience tilts in favour of the Applicant.

Ratio / Principle

It is expedient in the interest of justice that the Petitions for restitution of conjugal rights and for dissolution of marriage are decided by one and the same court.

Key takeaways

To address the concern of the Respondent, liberty is granted to the Respondent to appear before the Family Court at Solapur through video conferencing.ratio¶23

Detailed headnote1 paragraphs

Matrimonial transfer — wife's application allowed. Marriage Petition A No. 121 of 2024, the husband's petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act 1955 pending before the Family Court, Pune, transferred to the Family Court, Solapur. Grounds: the applicant-wife resides with her parents at Solapur where her own dissolution petition (Petition No. A-533 of 2023) and an FIR (CR No. 311 of 2024, Sadar Bazar Police Station) are pending; the Solapur–Pune distance is about 250 kms and the inconvenience tilts in her favour; it is expedient that the restitution and dissolution petitions be tried by one and the same court. Liberty given to the husband to appear before the Family Court, Solapur through video conferencing; record to reach Solapur within four weeks of communication of the order. Bench: N. J. Jamadar, J.; decided 7th February 2025; respondent unrepresented despite second call.

30-MCA-281-2024.DOC

Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

MISCELLANEOUS CIVIL APPLICATION NO. 281 OF 2024

Shruti Mukesh Shinde ..Applicant Versus Mukesh Bhimsen Shinde …Respondent

Mr. Ajit Alange, for the Applicant. None for the Respondent.

CORAM: N. J. JAMADAR, J. DATED : 7^th FEBRUARY 2025

P.C.:

Heard learned Counsel for the Applicant.

None appears for the Respondent on the second call as well.

The Applicant wife has preferred this Application seeking transfer

ARUN RAMCHANDRA SANKPAL

Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2025.02.10 16:36:11 +0530

of Petition A No. 121 of 2024 from the Family Court at Pune to the Family Court at Solapur.

The marriage of the Applicant and Respondent was solemnized on 24^th February 2022 at Solapur. In the wake of the marital discord, the Applicant has lodged FIR vide CR No. 311 of 2024 at Sadar Bazar Police Station, Solapur. The Applicant has also instituted a Petition for dissolution of marriage, being Petition No. A-533 of 2023, before the Family Court, Solapur.

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30-MCA-281-2024.DOC

The Respondent has, in turn, filed a Petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act 1955, being Petition No. A-121 of 2024, before the Family Court, Pune.

The Applicant asserts she is residing with her parents at Solapur. Though she is employed in Ion Exchange Company, situated at Mumbai, the Applicant works from home. The distance between Solapur and Pune is over 250 kms. The Applicant would suffer extreme inconvenience and hardship if the proceeding is tried before Family Court at Pune.

An Affidavit in Reply is filed on behalf of the Respondent resisting the prayer for transfer.

There is material to indicate that the Applicant is residing with her parents at Solapur. The proceedings instituted by the Applicant are sub judice before the courts at Solapur. The distance between Solapur and Pune is about 250 kms. The element of inconvenience tilts in favour of the Applicant. In addition, it would be expedient in the interest of justice that the Petitions for restitution of conjugal rights and for dissolution of marriage are decided by one and the same court.

I am, therefore, inclined to allow the Application. To address the concern of the Respondent, I am inclined to grant liberty to the Respondent to appear before the Family Court at Solapur through video conferencing.

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30-MCA-281-2024.DOC

10. Hence the following order:

O R D E R

(i) The Miscellaneous Civil Application No. 281 of 2024 stands allowed.

(ii) The Marriage Petition A No. 121 of 2024 pending on the file of Family Court at Pune, stands transferred to the Family Court at Solapur, for hearing and disposal in accordance with law.

(iii) The learned Judge, Family Court, Pune, shall transfer the record and proceedings in Marriage Petition A No. 121 of 2024 with such dispatch that it reaches the Family Court at Solapur, within a period of four weeks from the date of communication of this order.

Application disposed.

[N. J. JAMADAR, J.]

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