Samruddhi Avinash Chavan vs Avinash Rajaram Chavan — Domestic Violence | Bombay HC (2025)

Samruddhi Avinash Chavan vs Avinash Rajaram Chavan — Domestic Violence | Bombay HC (2025)

What the court decided

AI extract

Outcome

Application allowed: HMP/199/2024 transferred from the Court of Civil Judge, Senior Division, Khed, to the Court of Civil Judge, Senior Division, Vasai, for hearing and disposal in accordance with law; the Khed court directed to send the record and proceedings so as to reach the Vasai court within four weeks of communication of the order; respondent free to appear through video conferencing; application disposed of with no costs.

Issue for consideration

Whether Marriage Petition No. 199 of 2024 pending before the Court of Civil Judge, Senior Division, Khed, should be transferred to the Court of Civil Judge, Senior Division, Vasai. +1 more

Court's answer

With three proceedings between the parties already pending before the Court at Vasai and the distance between Khed and Vasai being prohibitive, the elements of inconvenience and hardship tilt in favour of the applicant-wife.

Ratio / Principle

In the matter of transfer of matrimonial proceedings, ordinarily, it is the convenience of the wife which commands precedence.

Key takeaways

The element of inconvenience likely to be caused to the respondent can be taken care of by granting him liberty to appear before the Civil Court at Vasai through Video Conferencing; accordingly the court was inclined to allow the application.ratio¶24
The transfer application stands allowed; HMP/199/2024 pending on the file of Civil Judge, Senior Division, Khed, is transferred to the Court of Civil Judge, Senior Division, Vasai, for hearing and disposal in accordance with law.ratio¶28

Detailed headnote1 paragraphs

Transfer of matrimonial petition — Misc. Civil Application by the wife for transfer of Marriage Petition No. 199 of 2024 (dissolution of marriage) from the Court of Civil Judge, Senior Division, Khed, to the Court of Civil Judge, Senior Division, Vasai — grounds: inconvenience, absence of logistical and financial support, and pendency of other proceedings at Vasai (including FIR No. 294/2021 under Sections 498-A, 338, 323, 504 & 506 IPC and a DV Act, 2005 proceeding) — respondent contended the Khed matter was at an advanced stage and offered to bear travel expenses — held: in transfer of matrimonial proceedings the convenience of the wife ordinarily commands precedence; three inter-se proceedings pending at Vasai and prohibitive distance between Khed and Vasai; inconvenience and hardship tilt in favour of the wife — respondent's inconvenience met by liberty to appear through Video Conferencing — application allowed; petition transferred to Vasai; record to reach within four weeks; no costs. (N. J. Jamadar, J., High Court of Bombay, 9 May 2025)

47-MCA72-2025.DOC

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

MISC. CIVIL APPLICATION NO. 72 OF 2025

SANTOSH SUBHASH KULKARNI

Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2025.05.16 12:13:25 +0530

Samruddhi Avinash Chavan ...Applicant Versus Avinash Rajaram Chavan …Respondent

Mr. Dinesh Shinde, i/b Datta Mane, for the Applicant. Mr. Sumit Kothari, for the Respondent.

CORAM: N. J. JAMADAR, J. DATED: 9^th MAY, 2025

PC:-

Heard the learned Counsel for the parties.

This is an application for transfer of Marriage Petition No.199 of 2024 from the Court of Civil Judge, Senior Division, Khed, to the Court of Civil Judge, Senior Division, Vasai.

The marriage of the applicant was solemnized with the respondent on 27^th December, 2010. Out of the wedlock, the applicant and respondent have a son. In the wake of the marital discord, the applicant has filed a report at Arnala Police Station bearing FIR No.294/2021 for the offence punishable under Sections 498-A, 338, 323, 504 & 506 of the Indian Penal Code, 1860. The applicant has also filed a proceeding under DV Act, 2005 before the Court at Vasai. The respondent has filed a

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47-MCA72-2025.DOC

petition for dissolution of marriage before the Court of Civil Judge, Senior Division, Khed, being Marriage Petition No.199 of 2024.

The applicant – wife has filed this application to transfer the marriage petition from the Court of Civil Judge, Senior Division, Khed, to the Court of Civil Judge, Senior Division, Vasai, on the grounds of inconvenience and absence of logistical and financial support as well as pendency of other proceedings before the Courts at Vasai.

The learned Counsel for the respondent resisted the application on the ground that the proceeding before the Court at Khed has reached an advanced stage and the matter is for cross-examination of the respondent. It was submitted that, the respondent is ready to bear the expenses of travel whenever the applicant attends the proceeding before the Civil Court at Khed.

The material on record indicates that a number of proceedings have been filed by and between the parties. Three of the proceedings are pending before the Court at Vasai. The distance between Khed and Vasai is prohibitive. It is trite that in the matter of transfer of matrimonial proceedings, ordinarily, it is the convenience of the wife which commands precedence.

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47-MCA72-2025.DOC

The elements of inconvenience and hardship tilt in favour of the applicant.

The element of inconvenience likely to be caused to the respondent can be taken care of by granting liberty to the respondent to appear before the Civil Court at Vasai through Video Conferencing. I am, therefore, inclined to allow the application.

Hence, the following order:

: O R D E R :

(i) The application stands allowed.

(ii) HMP/199/2024 pending on the file of Civil Judge, Senior Division, Khed, stands transferred to the Court of Civil Judge, Senior Division, Vasai, for hearing and disposal in accordance with law.

(iii) The learned Civil Judge, Senior Division at Khed, shall transfer the record and proceedings in HMP/199/2024 with such dispatch that it reaches the Court of Civil Judge, Senior Division at Vasai, within a period of four weeks from the date of communication of this order.

(iv) Application stands disposed.

No costs.

[N. J. JAMADAR, J.]

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