Pallavi Sachin Jadhav v. Shri Sachin Annappa Jadhav

Bombay HC17 Dec 2025MCA/784/2025

Case brief

AI extract

What is this about?

Keywords: transfer of matrimonial proceedings; wife's convenience; Section 24 Code of Civil Procedure; HMP No.95/2025; Bhusawal to Daryapur; joint trial of matrimonial cases; N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, 2022 SCC OnLine SC 1199; minor child one year old; 350 kms distance; non-applicant served but absent; uncontroverted averments; High Court of Judicature at Bombay, Nagpur Bench; Misc. Civil Application (Tr) No.784/2025; Pravin S. Patil, J.; decided 17.12.2025.

What did the court decide?

HMP No.95/2025 filed by the non-applicant before the 3rd Joint Civil Judge Senior Division, Bhusawal transferred to the Civil Judge Senior Division, Daryapur; the Bhusawal court directed to transfer the record and proceedings; the Daryapur court directed to try the proceedings along with those filed by the applicant. ¶¶21

Pallavi Sachin Jadhav Vs Shri Sachin Annappa Jadhav — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the matrimonial proceedings (HMP No.95/2025) filed by the non-applicant-husband before the 3rd Joint Civil Judge Senior Division, Bhusawal should be transferred to the Civil Judge Senior Division, Daryapur, having regard to the applicant-wife's convenience. +1 more

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Court's answer

As the applicant's divorce proceedings were already pending at Daryapur and the non-applicant was already attending them, no prejudice would be caused to the non-applicant if HMP No.95/2025 were transferred from Bhusawal to Daryapur.

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Ratio / Principle

The applicant, having a minor child of only one year, would find it difficult to attend proceedings at Bhusawal, which is about 350 kms away, facing difficulties in travelling and spending the entire day there with her child.

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Key takeaways

Where one matrimonial proceeding and proceedings filed by the husband at another station are pending, it is desirable that both proceedings be tried together.ratio¶¶14
On the uncontroverted averments (the non-applicant being duly served but absent), the applicant made out a case for interference warranting transfer of the Bhusawal proceedings to Daryapur.ratio¶¶19

Detailed headnote1 paragraphs

Transfer of matrimonial proceedings — wife's convenience. Misc. Civil Application (Tr) No.784/2025 (High Court of Judicature at Bombay, Nagpur Bench; Pravin S. Patil, J.; 17.12.2025): the applicant-wife sought transfer of her husband's proceedings, HMP No.95/2025, from the 3rd Joint Civil Judge Senior Division, Bhusawal to the Civil Judge Senior Division, Daryapur, where her own divorce suit was already pending and which the husband was already attending. Relying on N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, 2022 SCC OnLine SC 1199 (paras 9–10, on transfer under Section 24 CPC and trial of interdependent proceedings together), and noting the distance of about 350 kms, lack of regular public transport, and her one-year-old female child, the Court found the averments uncontroverted (the husband, though duly served, did not appear), held that no prejudice would be caused to him, and allowed the application: HMP No.95/2025 was transferred to Daryapur, with directions to the Bhusawal court to send the record and proceedings and to the Daryapur court to try the proceedings together with those filed by the applicant.

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1 mca784.2025.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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Misc. Civil Application (Tr)No.784/2025

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[ Pallavi w/o Sachin Jadhav Vs. Sachin Annappa Jadhav ]

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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- - - - Mr. B.R.Deshmukh, Advocate for the applicant.

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CORAM : PRAVIN S. PATIL, J. DATED : 17.12.2025.

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By this application, the applicant is seeking transfer of the proceedings filed by non-applicant-husband before the 3^rd Joint Civil Judge Senior Division, Bhusawal to Civil Judge Senior Division, Daryapur.

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This Court issued notice to the non-applicant in the matter. The office record shows that notice was duly served on him long back. This Court to provide him one more opportunity has also adjourned the matter on the last date but, till date none appeared on behalf of the non-applicant in the matter. Hence, it is clear that the non-applicant is not interested to prosecute the present application.

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The applicant has stated that out of wedlock, they have blessed with female child, who is one year old. The distance between Bhusawal to Daryapur is more than 350 kms. There is no regular public transportation available to travel from Daryapur to Bhusawal. The applicant further states that she has already filed proceedings before the Civil Judge Senior Division, Daryapur for divorce. The non-applicant is already attending the proceedings at Daryapur. Hence, according to the applicant, considering this factual aspect of the matter, it will be

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2 mca784.2025.odt

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convenient for her, if the proceedings are transferred from Bhusawal to Daryapur.

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All averments made by the applicant remain uncontroverted, as the non-applicant, though duly served, has failed to appear in the matter.

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It is well settled position of law that if one of the proceedings arising out of matrimonial matter and the proceedings which filed by the husband at another station then it is also desirable that both proceedings should be tried together. In this regard, the Hon’ble Supreme Court in the case of N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha, reported in 2022 SCC OnLine SC 1199, wherein it is observed in para 9 and 10 as under:

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“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 socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.

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3 mca784.2025.odt

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Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions”.

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In the present case, in view of the statement on oath made by the applicant that one of the proceedings of divorce is already pending at Daryapur and the non-applicant is already attending the said proceedings at Daryapur, no prejudice will be caused to the non-applicant if the proceedings bearing HMP no.95/2025 are transferred from Bhusawal to Daryapur. So also the applicant is having minor child of only one year, it will be difficult for her to attend proceedings from Daryapur to Bhusawal which is distance about 350 kms. It is further stated that she has to face various difficulties in travelling to Bhusawal, her place of residence, and in spending the entire day there along with her child

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In view of above, I am of the opinion that the applicant has made out a case for interference in the matter. Hence, I proceed to pass the following order:

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ORDER

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(i) The application is allowed.

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(ii) HMP No.95/2025 filed by the non-applicant before the 3^rd Joint Civil Judge Senior Division, Bhusawal is hereby transferred to the Civil Judge Senior Division, Daryapur.

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(iii) The 3^rd Joint Civil Judge Senior Division, Bhusawal is directed to transfer record and proceedings of HMP No.95/2025 to the Civil Judge Senior Division, Daryapur.

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(iv) The Civil Judge Senior Division, Daryapur is directed to try to decide the proceedings filed by the applicant so that it will be convenient for the non-applicant to attend the proceedings at Daryapur.

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In view of above directions, the application stands disposed of.

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(PRAVIN S. PATIL, J.)

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Mukund Ambulkar

Pallavi Sachin Jadhav v. Shri Sachin Annappa Jadhav

Case brief

What is this about?

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Pallavi Sachin Jadhav v. Shri Sachin Annappa Jadhav

Case brief

What is this about?

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What the court decided

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