Rutuja Shrishailya Mitkari vs Shrishailya Suryakant Mitkari — Bombay HC (2026) — LawSathi Research

Rutuja Shrishailya Mitkari vs Shrishailya Suryakant Mitkari — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed in terms of prayer Clause (B): Divorce Proceeding No. A/1315 of 2025 withdrawn from the file of Family Court No.-7, Pune and transferred to the Family Court, Latur; the order to be communicated to both Courts; the proceeding to be decided expeditiously after receipt by the Family Court, Latur.

Issue for consideration

Whether the Divorce Proceeding No. A/1315 of 2025 pending before the Family Court No. 7, Pune should be transferred to the Family Court, Latur under Section 24 of the Code of Civil Procedure, on the ground that the applicant wife resides within the jurisdiction of the Family Court, Latur. +1 more

Court's answer

Considering that the applicant wife resides within the jurisdiction of the Family Court, Latur and attending the proceedings at Pune on each and every date causes her inconvenience, it would be just and proper to withdraw Petition No. A/1315 of 2025 from the file of the learned Family Court No.-7, Pune and transfer it to the learned Family Court, Latur.

Ratio / Principle

After Petition No. A/1315 of 2025 is received by the Family Court, Latur, the said proceeding may be decided expeditiously as early as possible.

Key takeaways

Section 24 of the Code of Civil Procedure provides for transfer of a proceeding from one Court to another Court having competent jurisdiction.obiter¶14

Detailed headnote1 paragraphs

Transfer of matrimonial proceeding — Section 24, Code of Civil Procedure — Applicant-wife residing within the jurisdiction of the Family Court, Latur; divorce Petition No. A/1315 of 2025 filed by the husband pending before Family Court No. 7, Pune — Marriage solemnized on 09.07.2024 at Latur — Wife's attendance at Pune on each and every date causes inconvenience — Held, just and proper to withdraw the petition from Family Court No.-7, Pune and transfer it to the Family Court, Latur — Order to be communicated to both Courts — Family Court, Latur to decide the proceeding expeditiously — Application allowed in terms of prayer Clause (B).

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917mcappln257.25

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

917 MISC.CIVIL APPLICATION NO. 257 OF 2025

RUTUJA SHRISHAILYA MITKARI VERSUS SHRISHAILYA SURYAKANT MITKARI

Advocate for Applicant : Mr. Shinde Tushar Chandrakant Advocate for Respondent : Mr. Kodale Vikas G.

CORAM : Y.G. KHOBRAGADE, J. DATE : 09.01.2026

PER COURT :

Heard the learned Counsel appearing for the respective parties at length.

By the present application, under Section 24 of the Code of Civil Procedure, the applicant wife prayed for transfer of Divorce Proceeding bearing No. A/1315 of 2025, pending on the file of learned Family Court -7, Pune, to the family Court, Latur, on the ground that she is residing within the jurisdiction of the Family Court, Latur, as she is unable to attend the said proceeding at the Family Court, Pune. Therefore, the petitioner in order to avoid her inconvenience praying for transfer of the said proceeding on the file of learned Family Court, Latur.

Learned Counsel appearing for the non applicant/husband submitted that the non applicant is serving in a private Sector and he is unable to attend the Family Court, Latur on each and every date. So

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also the learned counsel appearing for the non applicant submits that the the trial Court may be directed to expedite the trial.

Needless to say that Section 24 of the Code of Civil Procedure, provides transfer of the proceeding from one Court to another Court having competent jurisdiction. In the case in hand, it appears that the marriage between the applicant and the non applicant was solemnized on 09.07.2024 at Latur and due to matrimonial dispute the non applicant has filed a Petition No. A/1315 of 2025, seeking decree of divorce and it is pending on the file of the learned Family Court No. 7, Pune.

The applicant is residing within the jurisdiction of the family Court, Latur and she being a female & she also caused inconvenience to attend the proceeding before the learned Family Court, Pune, on each and every date.

Therefore, considering the exigency, it would be just and proper to withdraw the petition bearing No. A/1315 of 2025 from the file of learned Family Court No.-7, Pune and be transferred to the learned Family Court, Latur.

The order of this Court be communicated to the learned Family Court No.-7 , Pune, as well as to the learned Family Court, Latur.

After the petition No. A/1315 of 2025 is received by the

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Family Court, Latur, thereafter, the said proceeding may be decided expeditiously as early as possible.

In view of above, the Application is allowed in terms of prayer

Clause (B).

( Y.G. KHOBRAGADE, J.)

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