Allowed¶21

Mrs. Indirabai Rajendra Patil v. Mr. Rajendra Kashinath Patil

Bombay HC7 Aug 2025MCA/30/2025

Case brief

AI extract

What is this about?

Bombay High Court, Aurangabad Bench — Misc.Civil Application No. 30 of 2025, decided 07.08.2025 by S.G. Chapalgaonkar, J. — Indirabai Rajendra Patil v. Rajendra Kashinath Patil — Transfer of husband's dissolution petition (Marriage Petition No.796 of 2024) from Civil Judge Senior Division, Kalyan to Dhule on the ground of the wife's convenience; wife residing at Village Ajang, District Dhule, about 300 kms from Kalyan; prior maintenance suits and execution (Regular Darkhast No.124 of 2024) pending at Dhule; reliance on N.C.V. Aishwarya v. A.S. Saravana Karthik Sha (AIR 2022 SC 4318); application allowed in terms of prayer clause (A).

What did the court decide?

Transfer application allowed in terms of prayer clause (A); parties directed to appear before Civil Judge Senior Division at Dhule on 22.09.2025. ¶21

Mrs. Indirabai Rajendra Patil Vs Mr. Rajendra Kashinath Patil — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer application allowed in terms of prayer clause (A); parties directed to appear before Civil Judge Senior Division at Dhule on 22.09.2025.

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Issue for consideration

Whether Marriage Petition No.796 of 2024 pending before Civil Judge Senior Division, Kalyan should be transferred to Family Court, Dhule, having regard to the residence and convenience of the applicant-wife.

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Court's answer

Convenience of the wife has to be given precedence over the convenience of the husband, applying the law laid down by the Hon'ble Supreme Court in N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha (AIR 2022 SC 4318).

¶19

Ratio / Principle

The applicant resides at Village Ajang, Taluka and District Dhule; the distance between Dhule and Kalyan is almost 300 kms, so she would have difficulty attending proceedings at Kalyan; two matrimonial proceedings between the parties are already decided at Dhule and execution of the maintenance amount is pending there.

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Key takeaways

Case is made out to allow the transfer application; the application is allowed in terms of prayer clause (A), and the parties are directed to appear before Civil Judge Senior Division at Dhule on 22.09.2025.ratio¶20

Detailed headnote1 paragraphs

Transfer of matrimonial proceeding — Wife-applicant, residing at Village Ajang, Taluka and District Dhule, sought transfer of Marriage Petition No.796 of 2024 (dissolution petition filed by husband) from Civil Judge Senior Division, Kalyan to Family Court, Dhule — Distance between Dhule and Kalyan almost 300 kms; two earlier matrimonial proceedings between the parties (Regular Civil Suit No.67 of 2002 and No.169 of 2013) already decided at Dhule and execution of maintenance decree (Regular Darkhast No.124 of 2024) pending there — Relying on N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha, AIR 2022 SC 4318, convenience of wife given precedence over convenience of husband — Application allowed in terms of prayer clause (A); parties to appear before Civil Judge Senior Division at Dhule on 22.09.2025.

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906-mca-30-2025.odt

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(1)

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2025:BHC-AUG:21147

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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MISC.CIVIL APPLICATION NO. 30 OF 2025

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Mrs. Indirabai Rajendra Patil VERSUS

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Mr. Rajendra Kashinath Patil

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Advocate for Applicant : Mr. Shrikant Subhash Patil

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CORAM : S. G. CHAPALGAONKAR, J.

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DATED : AUGUST 07, 2025

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PER COURT :-

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The applicant seeks transfer of Marriage Petition No.796 of 2024 pending before Civil Judge Senior Division, Kalyan to Family Court, Dhule.

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Mr. Patil, learned advocate appearing for applicant submits that marriage of applicant with respondent was solemnized on 19.05.1987. Initially, they resided at Dombivali. However, later on there were disputes between applicant and respondent. The applicant had filed Regular Civil Suit No.67 of 2002 for maintenance before Civil Court at Dhule and same has been partly allowed. The applicant has thereafter filed another proceeding bearing Regular Civil Suit No.169 of 2013 for enhancement of amount and same is also allowed. Now, execution of maintenance decree is pending in Regular Darkhast No.124 of 2024 at Dhule. The respondent has now instituted present proceeding i.e. Marriage Petition No.796 of 2024 seeking decree of dissolution of marriage before Civil Judge Senior

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906-mca-30-2025.odt

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(2)

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Division, Kalyan. According to Mr. Patil, it would be difficult for applicant to attend proceeding at Kalyan since she is residing at remote place in District Dhule.

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Although notice of this application is served upon respondent, none appears.

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Apparently, the applicant is residing at Village Ajang, Taluka and District Dhule. The distance between Dhule and Kalyan is almost 300 kms and it cannot be disputed that applicant would have difficulty to attend proceeding at Kalyan. Already two matrimonial proceedings between the parties are decided at Dhule and now execution proceeding for maintenance amount is pending at Dhule.

¶19

In that view of matter, considerinng the law laid down by the Hon’ble Supreme Court in case of N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha reported in AIR 2022 SC 4318 , convenience of wife has to be given precedence over convenience of husband. As such, case is made out to allow the application.

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In that view of matter, application is allowed in terms of prayer clause (A).

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Parties to appear before Civil Judge Senior Division at Dhule on 22.09.2025.

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(S.G. CHAPALGAONKAR, J.)

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Mujaheed//

Mrs. Indirabai Rajendra Patil v. Mr. Rajendra Kashinath Patil

Case brief

What is this about?

What did the court decide?

Mrs. Indirabai Rajendra Patil v. Mr. Rajendra Kashinath Patil

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Procedural history

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