Allowed¶27

Sow Vaishali Vaijnath Nimbalkar v. Vaijnath So Manikrao Nimbalkar

Bombay HC28 Jan 2026MCA/254/2025

Case brief

AI extract

What is this about?

Section 24 CPC transfer of pending matrimonial matter; Hindu Marriage Petition No. 87/2024; transfer from Civil Judge Senior Division Ausa (District Latur) to Civil Judge Senior Division Pimpri (District Pune); convenience of applicant-wife/lady; jurisdiction not conferred by mere mention of applicant's Talni Tq. Ausa address in the petition; applicant resident of Pimpri Chinchwad Pune, non-applicant resident of Chinchwad Pune; Misc. Civil Application No. 254 of 2025; Bombay High Court Aurangabad Bench; Y. G. Khobragade, J.

What did the court decide?

Transfer of Hindu Marriage Petition No. 87 of 2024 from the file of the learned Civil Judge, Senior Division, Ausa, District Latur to the file of the learned Civil Judge, Senior Division, Pimpri, District Pune, for disposal in accordance with law. ¶27

Sow Vaishali Vaijnath Nimbalkar vs Vaijnath So Manikrao Nimbalkar — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Hindu Marriage Petition No. 87/2024 pending before the learned Civil Judge, Senior Division, Ausa, District Latur should be transferred to the learned Civil Judge, Senior Division, Pimpri, District Pune, having regard to the convenience of the applicant-wife. +1 more

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Court's answer

The applicant would certainly find difficulty and inconvenience in attending the proceedings before the learned Civil Judge, Senior Division, Ausa.

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Ratio / Principle

The mere mention by the non-applicant of the applicant's address as Talni Tq. Ausa District Latur in HMP No. 87 of 2024 does not confer jurisdiction on the court at Ausa.

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Key takeaways

Considering the nature of the dispute and the convenience of the applicant-lady, it would be just and proper to withdraw Hindu Marriage Petition No. 87 of 2024 from the file of the learned Civil Judge, Senior Division, Ausa, District Latur and transfer the same to the file of the learned Civil Judge, Senior Division, Pimpri, District Pune.ratio¶22

Detailed headnote1 paragraphs

Transfer application under section 24 of the Civil Procedure Code: Sow Vaishali Vaijnath Nimbalkar (applicant-wife, residing at Pimpri Chinchwad, District Pune) sought transfer of Hindu Marriage Petition No. 87/2024, filed by her husband Vaijnath So Manikrao Nimbalkar, from the learned Civil Judge, Senior Division, Ausa, District Latur to the learned Civil Judge, Senior Division, Pimpri, District Pune. The court held that the non-applicant's mere mention of the applicant's address as Talni Tq. Ausa District Latur in HMP No. 87 of 2024 does not confer jurisdiction on the Ausa court; noted that the applicant would certainly find difficulty and inconvenience in attending proceedings at Ausa; and, considering the nature of the dispute and the convenience of the applicant-lady, allowed the transfer. Order: (1) application allowed; (2) HMP No. 87 of 2024 transferred to CJSD Pimpri, District Pune; (3) order to be communicated to the concerned courts. (Y. G. Khobragade, J.; 11th February, 2026; Bombay High Court, Aurangabad Bench.)

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2026:BHC-AUG:6494

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942mca254-25

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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942 MISC.CIVIL APPLICATION NO. 254 OF 2025

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Sow Vaishali Vaijnath Nimbalkar VERSUS

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Vaijnath So Manikrao Nimbalkar

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Mr. Kadam Annasaheb Shridharrao, Advocate for Applicant Mr. Gaurav L. Deshpande, Advocate for Respondent

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CORAM : Y. G. KHOBRAGADE, J. Dated : 11th February, 2026

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PER COURT :-

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Heard learned counsel for appearing for the applicant

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and the learned counsel for the non-applicant.

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Leave granted to correct the prayer clause.

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By the present application under section 24 of the Civil Procedure Code, the applicant wife is seeking transfer of Hindu Marriage Petition No. 87/2024 pending on the file of the learned Civil Judge, Senior Division, Ausa, District Latur to the file of learned Civil Judge, Senior Division at Pimpri District Pune for disposal in accordance with law.

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It is contended on behalf of the applicant that the non applicant is residing at Chinchwad, District Pune, however he has filed Hindu Marriage Petition No. 87/2024 before the learned

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Civil Judge, learned Civil Judge, Senior Division, Ausa, District Latur Senior Division at Pimpri, District Pune. The applicant is residing at Pune and therefore, it will be inconvenient for her to to travel from Pune to Ausa District Latur.

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Mr. Deshpande, the learned counsel appearing for the non applicant strongly opposed the application stating that the non applicant is presently residing at Pune. The applicant wife is presently residing at Talni Tq. Ausa District Latur and therefore the applicant can pursue the said proceeding before the competent Court at Ausa. No substantial grounds have been set out by the applicant for transfer of the said proceeding and prayed for rejection of the application.

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Needless to say that the applicant has given her detail address as Flat No. 1206, Shinde Vasti, Pipeline Road, Near Kashi Veg Restaurant, Pimpri Chinchwad, District Pune and the non applicant is residing at Saundarya Edifice, 304 , Udyognagar, Chinchwad, Pune. Merely, the non applicant has mentioned address of the present applicant as Talni Tq. Ausa District Latur in HMP NO. 87 of 2024 it does not confer jurisdiction to Ausa. Not only this, the applicant certainly will find difficulty and inconvenience to attend the proceedings before the learned Civil Judge, Senior Division, Ausa. Therefore, considering the nature

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of dispute and convenience of the applicant- lady, it would be just and proper to withdraw Hindu Mari-age Petition No. 87 of 2024 from the file of learned Civil Judge, Senior Division, Ausa, District Latur to and transfer the same to the file of learned Civil Judge, Senior Division, Pimpri, District Pune 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) Hindu Marriage Petition No. 87 of 2024 pending on the file of learned Civil Judge, Senior Division, Ausa, District Latur is hereby transferred to the file of learned Civil Judge, Senior Division, Pimpri, District Pune for disposal in accordance with law.

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

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( Y. G. KHOBRAGADE, J. )

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JPChavan

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Sow Vaishali Vaijnath Nimbalkar v. Vaijnath So Manikrao Nimbalkar

Case brief

What is this about?

What did the court decide?

Sow Vaishali Vaijnath Nimbalkar v. Vaijnath So Manikrao Nimbalkar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

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