Allowed¶24

Lalita W/O Anil Deshmukh v. Anil S/O Sahebrao Deshmukh

Bombay HC13 Jan 2026MCA/135/2024

Case brief

AI extract

What is this about?

Keywords: transfer of Hindu Marriage Petition; section 24 Civil Procedure Code; Section 125 Criminal Procedure Code maintenance/recovery proceeding; convenience of applicant wife; mediation failure report; Family Court Nanded; C.J.S.D. Buldana; 290 kms; Lalita Deshmukh v. Anil Deshmukh; Bombay High Court Aurangabad Bench; MISC.CIVIL APPLICATION No. 135 of 2024; 2026:BHC-AUG:1292; decided 13 January 2026; single-judge bench (Y. G. Khobragade, J.).

What did the court decide?

Transfer of Hindu Marriage Petition No. 2 of 2024 pending before learned C.J.S.D., Buldana to the Family Court at Nanded, with direction that the order be communicated to the concerned Courts. ¶24

Lalita W/O Anil Deshmukh vs Anil S/O Sahebrao Deshmukh — Maintenance and Alimony | Bombay HC (2026)

What the court decided

AI extract

Outcome

Transfer of Hindu Marriage Petition No. 2 of 2024 pending before learned C.J.S.D., Buldana to the Family Court at Nanded, with direction that the order be communicated to the concerned Courts.

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Issue for consideration

Whether Hindu Marriage Petition No. 2 of 2024, pending on the file of learned C.J.S.D., Buldana, should be transferred to the file of learned Family Court, Nanded, on the application of the applicant wife under section 24 of the Civil Procedure Code. +1 more

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Court's answer

Considering the convenience of the applicant wife, the Court held it necessary to transfer Hindu Marriage Petition No. 2 of 2024 pending on the file of learned C.J.S.D., Buldana to the file of learned Family Court, Nanded.

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Ratio / Principle

The non-applicant, though served and appearing through counsel, failed to file a reply and did not deny that the applicant is residing with her parents within the jurisdiction of the Family Court at Nanded.

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Key takeaways

The Court accordingly ordered that Hindu Marriage Petition No. 2 of 2024, filed by the non-applicant and pending before learned C.J.S.D., Buldana, stands transferred to the Family Court at Nanded.ratio¶25

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), Misc. Civil Application No. 135 of 2024 (Coram: Y. G. Khobragade, J.; decided 13 January 2026): Lalita Deshmukh (applicant wife) sought, under section 24 of the Civil Procedure Code, transfer of Hindu Marriage Petition No. 2 of 2024 filed by her husband Anil Deshmukh (non-applicant) and pending before learned C.J.S.D., Buldana, to the Family Court, Nanded. After the parties' mediation failed (failure report of mediator Smt. Geeta Deshpande taken on record and marked 'X'), the Court noted that the applicant resides with her parents at Nanded, that the Buldana proceeding venue is 290 kms from her residence, that her Section 125 Criminal Procedure Code proceeding and its recovery proceeding are already pending before the Family Court, Nanded, and that the served non-applicant filed no reply and did not deny her Nanded residence. Considering the convenience of the applicant wife, the Court allowed the application and transferred the Hindu Marriage Petition to the Family Court at Nanded, directing that the order be communicated to the concerned Courts.

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2026:BHC-AUG:1292

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923mca135-24

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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923 MISC.CIVIL APPLICATION NO. 135 OF 2024

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Lalita W/o Anil Deshmukh VERSUS

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Anil S/o Sahebrao Deshmukh

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Mr. Kailas G. Hande h/for Mr. Avinash D. Hande, Advocate for Applicant

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Mr. D. D. Nikam, Advocate for the respondent-absent

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CORAM : Y. G. KHOBRAGADE, J. Dated : 13^th January, 2026

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PER COURT :-

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At the outset, it is submitted that vide order dated 07.10.2025, passed by this Court, the parties to the present application were referred to the Mediator. On 28.11.2024, trained

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Mediator Smt. Geeta Deshpande has submitted a mediation failure report. It is taken on record and marked as ‘X’ for identification.

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Heard Mr. Hande, the leaned counsel appearing for the applicant. None appeared on behalf of the non-applicant though served and Advocate Mr. Wagh put up his appearance.

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By the present application under section 24 of the Civil Procedure Code, the applicant wife prayed for transfer of Hindu Marriage Petition No. 2 of 2024, pending on the file of learned

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C.J.S.D., Buldana to the file of learned Family Court, Nanded.

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923mca135-24

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The learned counsel appearing for the applicant canvassed that marriage between the applicant and non applicant was solemnized in the year 1978, however, due to mental and physical torture raised at the hands of non- applicant, the applicant was constrained to file proceeding under Section 125 of the Criminal Procedure Code and its recovery proceeding is pending before the Family Court, Nanded. Subsequently, the non applicant had filed Hindu Marriage Petition No. 2 of 2024 before earned C.J.S.D., Buldana. She is residing at Nanded with her parents. Being a lady, she is unable to travel from Nanded to Buldana to attend the said proceeding, which is 290 kms. away from her residence.

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Though the non applicant is served and put up his appearance through a counsel, but failed to file reply and has not denied that the applicant is residing with her parents within the jurisdiction of family court at Nanded. Therefore, considering the convenience of the applicant wife, it is necessary to transfer Hindu Marriage Petition No. 2 of 2024 pending on the file of learned C.J.S.D., Buldana to the file of learned Family Court, Nanded.

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In view of the above discussion, following order is passed.

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923mca135-24

O R D E R

(A) Misc. Civil Application is allowed.

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(B) Hindu Marriage Petition No. 2 of 2024, filed by the nonapplicant and pending on the file of learned C. J. S. D., Buldana, is hereby transferred to the Family Court at Nanded.

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( Y. G. KHOBRAGADE, J. )

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JPChavan

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Lalita W/O Anil Deshmukh v. Anil S/O Sahebrao Deshmukh

Case brief

What is this about?

What did the court decide?

Lalita W/O Anil Deshmukh v. Anil S/O Sahebrao Deshmukh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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