Priti Prashant Bhandarakavate nee Priti Suresh Saddalgi vs Prashant Niranjan Bhandarakavate — Bombay HC (2025) — LawSathi Research

Priti Prashant Bhandarakavate nee Priti Suresh Saddalgi vs Prashant Niranjan Bhandarakavate — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Misc. Civil Application stands allowed; Petition No.A-1422 of 2024 transferred from the Family Court at Bandra, Mumbai to the Family Court at Solapur; record and proceedings to reach Solapur within four weeks of communication of the order; Family Court, Solapur requested to explore amicable resolution and appoint a Judge/Mediator for mediated settlement; Respondent-husband at liberty to appear through video conferencing, but shall appear in person whenever the learned Judge so directs.

Issue for consideration

Whether Petition No.A-1422 of 2024 (dissolution of marriage filed by the Respondent) should be transferred from the Family Court at Bandra, Mumbai to the Family Court at Solapur.

Court's answer

In the matter of transfer of matrimonial proceedings, ordinarily the convenience of the wife commands preference.

Ratio / Principle

The applicant resides with her parents at Tadwal; the distance between her residence and the Family Court at Bandra, Mumbai is more than 400 kms and is, in a sense, prohibitive; she does not seem to have logistical and financial support to effectively defend the proceeding before the Family Court at Bandra.

Key takeaways

The applicant would suffer inconvenience and hardship if the petition were tried at Bandra, Mumbai; accordingly, the court was inclined to allow the transfer application.ratio¶18

Detailed headnote1 paragraphs

Transfer of matrimonial proceedings — Convenience of wife ordinarily commands preference — Wife-applicant's Misc. Civil Application allowed; husband's petition for dissolution of marriage (Petition No.A-1422 of 2024) transferred from Family Court, Bandra, Mumbai to Family Court, Solapur — Applicant-wife residing with parents at Tadwal, Solapur; distance to Bandra more than 400 kms, 'prohibitive'; applicant lacking logistical and financial support to defend proceeding at Bandra — Directions: record to be transferred within four weeks of communication of order; Family Court, Solapur to endeavour amicable resolution, Judge/Mediator may be appointed for mediated settlement; respondent-husband permitted to appear through video conferencing, subject to personal appearance when directed. (High Court of Bombay, N.J. Jamadar, J.; decided 25 April 2025)

2025:BHC-AS:18854

29 mca 491 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.491 OF 2024

Priti Prashant Bhandarakavate @ Priti Suresh Saddalgi ... Applicant versus Prashant Niranjan Bhandarakavate … Respondent

Ms. Seema Dighe i/by Ms. Priyal G. Sarda, for Applicant. Mr. Tajammal U. Khan, for Respondent.

CORAM: N.J.JAMADAR, J.

DATE : 25 APRIL 2025

P.C.

Heard the learned Counsel for the parties.

The applicant has filed this application seeking transfer of Petition No.A-1422 of 2024 from the Family Court at Bandra to the Family Court at Solapur.

The marriage of the applicant was solemnized on 27 November 2020 at Tadwal, Solapur. In the wake of marital discord, the applicant has filed a report leading to registration of C.R.No.483 of 2024 for the offences punishable under Sections 323, 498-A, 504, 506 read with 34 of the Indian Penal Code, 1860 against the Respondent and his relatives.

The Respondent has, in turn, filed a Petition for dissolution of marriage

being Petition A-1422 of 2024 before the Family Court at Bandra. Since the applicant is residing at Tadwal, Solapur, this application for transfer of Petition

SSP 1/3

29 mca 491 of 2024.doc

No.A-1422 of 2024.

Learned Counsel for the Respondent resisted the prayer for transfer. It was submitted that the Respondent was assaulted when he had visited Solapur to explore the possibility of an amicable resolution of the dispute. On account of the prosecution initiated by the applicant, the Respondent has lost his job. It would be extremely inconvenient for the Respondent to attend the proceedings at Solapur. Learned Counsel submitted that the presently the applicant is serving at Pune. Therefore, the application be rejected.

I have perused the averments in the application. It could not be controverted that the applicant has been residing along with her parents at Tadwal. The distance between the place of residence of the applicant and the Family Court at Bandra, Mumbai is more than 400 kms. The distance is, in a sense, prohibitive. The applicant does not seem to have logistical and financial support to effectively defend the proceeding before the Family Court at Bandra. The applicant would suffer inconvenience and hardship if the Petition is tried at Bandra, Mumbai. It I trite that in the matter of transfer of matrimonial proceedings, ordinarily, it is the convenience of the wife that commands preference.

I am, therefore, inclined to allow the application.

ORDER

(i) Misc. Civil Application stands allowed.

SSP 2/3

29 mca 491 of 2024.doc

(iii) Petition No.A-1422 of 2024 stands transferred from the Family Court at Bandra, Mumbai, to the Family Court at Solapur for hearing and disposal in accordance with law.

(iv) The learned Judge, Family Court, Bandra, Mumbai, shall transfer the record and proceedings in Petition No.A-1422 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.

(v) The learned Judge, Family Court at Solapur is requested to make an endeavour to explore the possibility of an amicable resolution of the dispute and a Judge/Mediator may be appointed to explore the possibility of mediated settlement of the dispute between the parties.

(vi) The Respondent husband is at liberty to appear before the Family Court at Solapur through video conferencing. However, whenever the learned Judge, Family Court at Solapur considers it appropriate and directs the Respondent husband to appear in person, the husband shall appear before the Family Court at Solapur.

Application disposed.

( N.J.JAMADAR, J. )

SSP 3/3

Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 28/04/2025 11:03:06