Allowed¶25

Asmita Abhijit Udar v. Abhijit Bhagwat Udar

Bombay HC19 Jan 2026MCA/111/2025

Case brief

AI extract

What is this about?

Transfer of matrimonial/divorce proceedings under s.24 CPC; convenience of wife as paramount consideration; Family Court Aurangabad (Chhatrapati Sambhajinagar) to Family Court Jalna; Petition No. A-556 of 2024; PWDVA No. 165 of 2023 (JMFC Jalna); wife caring for five-year-old child; travel hardship and expense; husband's 60 km commute; attendance permitted via video conferencing; Misc. Civil Application No. 111 of 2025; neutral citation 2026:BHC-AUG:2418; decided 19.01.2026 by Y. G. Khobragade, J. (PER COURT), Bombay High Court, Aurangabad Bench.

What did the court decide?

Petition No. A-556 of 2024, filed by the non-applicant and pending before the Family Court, Aurangabad (Chhatrapati Sambhajinagar), is transferred to the Family Court, Jalna for disposal in accordance with law; the order is to be communicated to the concerned courts.

Asmita Abhijit Udar vs Abhijit Bhagwat Udar — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Petition No. A-556 of 2024, filed by the non-applicant husband and pending before the Family Court, Aurangabad (Chh.Sambhajinagar), should be transferred to the Family Court, Jalna under section 24 of the Civil Procedure Code on the ground of the applicant-wife's convenience. +1 more

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Court's answer

While transferring proceedings from one court to another, the convenience of the lady is a paramount consideration.

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Ratio / Principle

Considering the convenience of the applicant-wife, Petition No. A-556 of 2024 pending before the Family Court, Aurangabad (Chhatrapati Sambhajinagar) is transferred to the Family Court, Jalna for disposal in accordance with law.

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Key takeaways

The applicant-wife is nurturing a minor child aged about five years, making it inconvenient for her to travel with the child and bear travelling expenses to attend the proceedings at Aurangabad.ratio¶17
The non-applicant husband can travel from Aurangabad to Jalna, a distance of 60 kms., to attend the proceedings at Jalna, so the transfer imposes no comparable burden on him.ratio¶17
If the non-applicant finds it inconvenient, or for any other reason is unable to remain personally present before the Family Court, Jalna, he may secure his presence through video conferencing, such facilities being available in almost all courts.obiter

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Y. G. Khobragade, J., judgment styled PER COURT), 19.01.2026: Misc. Civil Application No. 111 of 2025 under section 24 of the Civil Procedure Code by wife Asmita Abhijit Udar, seeking transfer of her husband Abhijit Bhagwat Udar's divorce Petition No. A-556 of 2024 from the Family Court, Aurangabad (Chhatrapati Sambhajinagar) to the Family Court, Jalna — ALLOWED. Grounds: after matrimonial discord the wife resides at her parental house in Jalna (where she has filed PWDVA No. 165 of 2023 before the JMFC, Jalna) and is caring for the couple's five-year-old child, so travelling to Aurangabad with the child and bearing the expenses is inconvenient; the husband, located 60 kms. from Jalna, can commute, and may alternatively attend by video conferencing. The Court reiterates that in transferring proceedings between courts, the convenience of the lady is a paramount consideration.

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32mca111-25

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2026:BHC-AUG:2418

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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32 MISC.CIVIL APPLICATION NO. 111 OF 2025

Asmita Abhijit Udar

VERSUS

Abhijit Bhagwat Udar

Mr. Ghule Patil Amol Pralhad, Advocate for Applicant Mr. Shrakant Sali h/for Mr. Shaikh Sohail Subhedar, Advocate for Respondent

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CORAM : Y. G. KHOBRAGADE, J. Dated : 19^th January, 2026

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PER COURT :-

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Heard learned counsel appearing for the applicant and learned counsel appearing for the non applicant at length.

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By the present application under section 24 of the Civil Procedure Code, the applicant wife is seeking transfer of Petition No.A-556 of 2024, filed by the non-applicant, pending on the file of learned Family Court, Aurangabad (Chh.Sambhajinagar) to the file of learned Family Court, Jalna.

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On the face of record, it appears that the marriage between the applicant and the non-applicant was solemnized on 12.12.2014 as per the customs and rites prevailing in their society. Out out the wedlock, the applicant and non applicant are blessed with a child Rihan, aged about 5 years. However, due to

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matrimonial discord, the applicant is residing at her parental house in Jalna and she has filed a proceeding bearing PWDVA No. 165 of 2023 before the JMFC, Jalna. Whereas, the present non applicant has filed No. A-556 of 2024, before the learned Family Court, Aurangabad (Chhatrapati Sambhajinagar), seeking a decree of divorce and the said proceedings are pending.

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Needless to say, the applicant-wife is nurturing a minor child aged about five years. Therefore, it would be inconvenient for her to travel with the child and bear the travelling expenses to attend the proceedings at Aurangabad. Whereas, the non applicant husband can travel from Aurangabad to Jalna which is 60 kms. away, to attend the said proceeding at Jalna. Further, nowadays, video conferencing facilities are available in almost all courts. Therefore, if the non-applicant finds it inconvenient, or for any other reason is unable to remain personally present before the Family Court, Jalna, he may secure his presence through video conferencing.

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It is well settled that while transferring proceedings from one court to another, the convenience of the lady is a paramount consideration. Therefore, considering the convenience of the applicant, it is necessary to withdraw Petition No.A-556 of 2024 from the file of learned Family Court, Aurangabad (Chhatrapati

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Sambhajinagar) and transfer the same to the file of learned Family Court, Jalna for disposal in accordance with law

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In view of the above discussions, following order is

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passed:

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O R D E R

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(1) Misc. Civil application is allowed.

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(2) Petition No.A-556 of 2024, filed by the non-applicant, pending on the file of learned Family Court, Aurangabad (Chhatrapati Sambhajinagar) is hereby transferred to the earned Family Court, Jalna, for disposal in accordance with law.

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(3) The order be communicated to the concerned courts.

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JPChavan

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Asmita Abhijit Udar v. Abhijit Bhagwat Udar

Case brief

What is this about?

What did the court decide?

Asmita Abhijit Udar v. Abhijit Bhagwat Udar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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