Madhuri Prashant Mandage @ Madhuri Devanand Sonawne… — Matrimonial and Divorce | Bombay HC (2026)

Madhuri Prashant Mandage @ Madhuri Devanand Sonawne… — Matrimonial and Divorce | Bombay HC (2026)

What the court decided

AI extract

Outcome

Misc. Civil Application allowed; Hindu Marriage Petition No. A-183 of 2024 transferred from the file of the learned Family Court, Nashik to the file of the learned Civil Judge, Senior Division, Shahada, District Nandurbar, with a request to dispose of the transferred proceedings as early as possible and communication of the order to the concerned courts.

Issue for consideration

Whether Hindu Marriage Petition No. A-183 of 2024, pending before the learned Family Court, Nashik, should be transferred to the file of the learned Civil Judge, Senior Division, Shahada, District Nandurbar, in view of the convenience of the applicant-wife under section 24 of the Civil Procedure Code.

Court's answer

While transferring proceedings from one court to another under section 24 of the Civil Procedure Code, the convenience of the lady who is required to attend the proceeding must be considered.

Ratio / Principle

The distance between Shahada and Nashik is about 250 kms, and since the applicant-wife resides at her parental house at Shahada, it is inconvenient for her to attend the proceeding filed by the non-applicant husband at Nashik.

Key takeaways

Considering the nature of the dispute and the convenience of the applicant-wife, it would be just and proper to transfer Hindu Marriage Petition No. A-183 of 2024 from the file of the learned Family Court, Nashik to the file of the learned Civil Judge, Senior Division, Shahada, District Nandurbar, for disposal in accordance with law.ratio¶¶17

Detailed headnote1 paragraphs

Transfer of matrimonial proceeding — Section 24, Civil Procedure Code — convenience of the wife is the governing consideration. The applicant-wife, married on 04.12.2007 and deserted since 10.08.2017, resides at her parental house at Shahada (District Nandurbar), where she had filed HMP No.165 of 2023 for dissolution of marriage. The husband thereafter instituted Hindu Marriage Petition No. A-183 of 2024 before the Family Court, Nashik for restitution of conjugal rights. Holding the distance between Shahada and Nashik (about 250 kms) to render attendance inconvenient for the wife, and noting that the convenience of the lady required to attend the proceeding must be considered while transferring proceedings, the Court allowed the application and transferred HMP No. A-183 of 2024 to the file of the learned Civil Judge, Senior Division, Shahada, District Nandurbar, requesting early disposal.

2026:BHC-AUG:1669

936mca198-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

936 MISC.CIVIL APPLICATION NO. 198 OF 2025

Madhuri Prashant Mandage @ Madhuri Devanand Sonawne VERSUS

Prashant Ashok Mandage

Mr. Amit Shashikant Savale, Advocate for Applicant Mr.Shubham Sanjay Kote, Advocate for Respondent

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

PER COURT :-

Heard learned counsel appearing for the applicant and non applicant.

By the present application under section 24 of the Civil Procedure Code, the applicant wife is seeking transfer of Hindu Marriage Petition No. A-183 of 2024, pending on the file of the learned Family Court Nashik to the file of learned Civil Judge, Senior Division, Shahada, District Nandurbar, for disposal in accordance with law.

The learned counsel appearing for the applicant submitted that the marriage between the applicant and the nonapplicant was solemnized on 04.12.2007 and out of the said wedlock, they are blessed with a female child. However, on

1 of 3

936mca198-25

10.08.2017, the non-applicant deserted her and since then she is residing at her parental house at Shahada, which constrained her to file a proceeding bearing HMP No.165 of 2023 under the Hindu Marriage Act for dissolution of marriage and subsequently, the non applicant filed a proceeding bearing Hindu Marriage Petition No. A-183 of 2024 before the Family Court at Nashik seeking decree of restitution conjugal rights.

It is not in dispute that distance between Shahada and Nashik is about 250 kms. Since the applicant is residing at her parental house at Shahada, it is inconvenient for her to attend the said proceeding filed by the non applicant husband at Nashik.

As per section 24 of the Civil Procedure while transferring a proceedings from one court to another, the convenience of the lady, who is required to attend the proceeding, is required to be considered. Therefore, considering the nature of dispute and convenience of the applicant- wife, it would be just and proper to transfer Hindu Marriage Petition No. A-183 of 2024, pending on the file of the learned Family Court Nashik to the file of learned Civil Judge, Senior Division, Shahada, District Nandurbar, for disposal in accordance with law.

2 of 3

936mca198-25

In view of the above discussions, following order is

passed:

O R D E R

(1) Misc. Civil application is allowed.

(2) Hindu Marriage Petition No. A-183 of 2024, pending on the file of learned Family Court Nashik is hereby transferred to the file of the learned Civil Judge, Senior Division, Shahada, District Nandurbar for disposal in accordance with law.

(3) Considering the pendency of cases before him, the learned Civil Judge, Senior Division, Shahada, District Nandurbar, is hereby requested to dispose of the transferred proceedings as early as possible.

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

( Y. G. KHOBRAGADE, J. )

JPChavan

3 of 3