Allowed¶16

Prachi wo Prathmesh Bhurke v. Prathmesh so Baban Bhurke

Bombay HC5 Jan 2026MCA/221/2025

Case brief

AI extract

What is this about?

Bombay High Court (Aurangabad Bench), Misc. Civil Application No. 221 of 2025, decided 02.02.2026 by Y.G. Khobragade, J.: wife's application to transfer husband's divorce petition (Hindu Marriage Petition No. 6 of 2025, S.13(1)(ia) Hindu Marriage Act) from Civil Judge Senior Division, Mangaon, District Raigad to Family Court, Latur ALLOWED on grounds of wife's convenience - residence at parental home in Latur, financial crisis, no direct Latur-Mangaon transport; S.24 referred; notice served by R.P.A.D.; order communicated to both courts.

What did the court decide?

Withdrawal of Hindu Marriage Petition No. 6 of 2025 from the file of the Civil Judge Senior Division, Mangaon, District Raigad and its transfer to the file of the Family Court, Latur for proper adjudication; the order to be communicated to both courts. ¶16

Prachi wo Prathmesh Bhurke vs Prathmesh so Baban Bhurke — Matrimonial and Divorce | Bombay HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Hindu Marriage Petition No. 6 of 2025 pending before the Civil Judge Senior Division, Mangaon, District Raigad should be transferred to the Family Court, Latur, having regard to the applicant-wife's inconvenience in attending proceedings (residence at her parental house at Latur, financial crisis, and absence of direct transportation facilities from Latur to Mangaon).

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Ratio / Principle

The transfer application is allowed.

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Key takeaways

Hindu Marriage Petition No. 6 of 2025 is withdrawn from the file of the learned Civil Judge Senior Division, Mangaon, District Raigad and transferred to the file of the learned Family Court, Latur for proper adjudication.ratio¶17
The transfer was granted on the ground of the applicant-wife's inconvenience: she was compelled to reside at her parental house at Latur amid matrimonial discord, and financial crisis together with the absence of direct transportation facilities between Latur and Mangaon made attendance at Mangaon difficult.ratio¶16

Detailed headnote1 paragraphs

Transfer of matrimonial proceeding allowed. By Misc. Civil Application No. 221 of 2025, the applicant-wife (Prachi w/o Prathmesh Bhurke) sought transfer of Hindu Marriage Petition No. 6 of 2025 - instituted by the non-applicant-husband under S.13(1)(ia) Hindu Marriage Act before the Civil Judge Senior Division, Mangaon, District Raigad - to the Family Court, Latur. The marriage was solemnized on 17.03.2023 with no issue; on matrimonial discord the wife moved to her parental house at Latur, and citing financial crisis and absence of direct transportation facilities from Latur to Mangaon, she pleaded inability to conveniently attend proceedings at Mangaon. The Court (Y.G. Khobragade, J., Bombay High Court, Aurangabad Bench, 02.02.2026), having heard counsel at length, allowed the application and withdrew the petition from Mangaon, transferring it to the Family Court, Latur for proper adjudication, directing communication of the order to both courts.

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11mca221.25

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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11 MISC.CIVIL APPLICATION NO. 221 OF 2025

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PRACHI WO PRATHMESH BHURKE VERSUS

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PRATHMESH SO BABAN BHURKE

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Advocate for Applicant : Mr. Namdev D. Kendre

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CORAM : Y.G. KHOBRAGADE, J. DATE : 02.02.2026

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PER COURT :

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As per the order dated 19.01.2026, passed by this Court, the notice was sent to the non-applicant by R.P.A.D. Today, the learned counsel appearing for the applicant placed on record a track report of the postal department, which shows that, on 27.01.2026, the item is delivered through the Bhayander, West S.O. However, none appeared on behalf of the non applicant.

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Heard the learned Counsel appearing for the applicant at length.

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By the present application, the applicant-wife prays for transfer of the matrimonial proceeding bearing Hindu Marriage Petition No. 6 of 2025, from the file of learned Civil Judge Senior Division, Mangaon, District Raigad, to the file of learned Family Court, Latur. On the face of the record it appears that, the marriage between the applicant and the non applicant was solemnized on 17.03.2023. However, there is

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11mca221.25

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no issue out of the said matrimonial relations. Due to discord of matrimonial relations, the applicant was compelled to stay at her parental house at Latur and the non applicant has instituted Hindu Marriage Petition No. 6 of 2025 under Section 13 (1) (ia) of the Hindu Marriage Act, before the learned Civil Judge Senior Division, Mangaon, District Raigad, seeking a decree of divorce. It is further contended that, due to financial crisis, and as such, there is no direct transportation facilities from the Latur to Mangaon, therefore, she is facing inconvenience to attend the said proceeding. Therefore, considering the scope of Section 24 of the Act and the convenience of the applicant-wife, it would be just and proper, to transfer the Hindu Marriage Petition No. 6 of 2025, from the file of the learned Civil Judge Senior Division, Mangaon, District Raigad to the file of learned Family Court, Latur.

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In view of the above, the present application is allowed.

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Therefore, the Hindu Marriage Petition No. 6 of 2025, is hereby withdrawn from the file of learned Civil Judge Senior Division, Mangaon, District Raigad and it is transferred to the file of learned Family Court, Latur for proper adjudication.

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This order be communicated to both the courts.

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mahajansb/

Prachi wo Prathmesh Bhurke v. Prathmesh so Baban Bhurke

Case brief

What is this about?

What did the court decide?

Prachi wo Prathmesh Bhurke v. Prathmesh so Baban Bhurke

Case brief

What is this about?

What did the court decide?

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What the court decided

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