Allowed¶19

Bhagyashree Rohit Pande v. Rohit Yashwant Pande

Transfer of matrimonial proceedings – Section 24, Code of Civil Procedure, 1908

Bombay HC26 Feb 2026MCA/336/2025

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Case brief

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What is this about?

Bombay High Court, Aurangabad Bench; MISC.CIVIL APPLICATION NO. 336 OF 2025; decided 26.02.2026 by Y.G. Khobragade, J. Keywords: transfer of case; Section 24 Code of Civil Procedure 1908; Hindu Marriage Petition No. 118 of 2025; Rahata, District Ahilyanagar to Jalgaon; wife's convenience; matrimonial dispute; service by refused registered notice with postal endorsement; respondent absent; inter-court transfer of matrimonial petition allowed.

What did the court decide?

Transfer of Hindu Marriage Petition No. 118 of 2025 from the file of the Civil Judge Senior Division, Rahata, District Ahilyanagar to the file of the Civil Judge Senior Division, Jalgaon, District Jalgaon for trial and decision; the order to be communicated to both Courts. ¶19

Bhagyashree Rohit Pande vs Rohit Yashwant Pande — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Hindu Marriage Petition No. 118 of 2025 pending before the Civil Judge, Senior Division, Rahata, District Ahilyanagar ought to be transferred to the file of the Civil Judge Senior Division, Jalgaon, having regard to the grounds in the memo of application and the convenience of the applicant-wife.

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Ratio / Principle

Considering the facts and grounds set out in the memo of application and the convenience of the applicant-wife, the Court held that Hindu Marriage Petition No. 118 of 2025, pending before the Civil Judge, Senior Division, Rahata, District Ahilyanagar, needs to be withdrawn and transferred to the file of the Civil Judge Senior Division, Jalgaon, for proper adjudication.

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Key takeaways

The Misc. Civil Application was allowed; Hindu Marriage Petition No. 118 of 2025 was withdrawn from Rahata and transferred to Jalgaon for trial and decision, with direction that the order be communicated to both Courts.ratio¶18

Detailed headnote1 paragraphs

Transfer of matrimonial proceedings - Section 24, Code of Civil Procedure, 1908 - convenience of the wife. The applicant-wife sought transfer of Hindu Marriage Petition No. 118 of 2025 from Civil Judge, Senior Division, Rahata, District Ahilyanagar to Civil Judge Senior Division, Jalgaon. Notice issued on 04.12.2025 was refused by the non-applicant husband and returned with postal endorsement; he was treated as served and remained absent. Considering the grounds in the memo of application and the convenience of the applicant-wife, the Court allowed the application, withdrew the Hindu Marriage Petition from Rahata and transferred it to Jalgaon for trial and decision, directing communication of the order to both Courts (Y.G. Khobragade, J.; 26.02.2026).

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911mca336.25

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-IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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911 MISC.CIVIL APPLICATION NO. 336 OF 2025

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BHAGYASHREE ROHIT PANDE VERSUS

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ROHIT YASHWANT PANDE

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Advocate for Applicant : Mr. Bhushan S. Dhawale h/f Mr. Jitendra Vijay Patil

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CORAM : Y.G. KHOBRAGADE, J. DATE : 26.02.2026

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PER COURT :

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Heard the learned counsel Mr. Bhushan S. Dhawale h/f Mr. Jitendra Vijay Patil appearing for the applicant-wife.

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On 04.12.2025, this Court issued notice to the non applicant, however, it appears that the non applicant refused to accept the notice and said envelope is returned with postal endorsement. Therefore, the respondent is served, but failed to appear in the matter.

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By the present application, filed under Section 24 of the Code of Civil Procedure, 1908, the applicant-wife is seeking transfer of Hindu Marriage Petition No. 118 of 2025, from the file of Civil Judge, Senior Division, Rahata, District Ahilyanagar to the file of Civil Judge Senior Division, Jalgaon, Taluka and District Jalgaon.

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Considering the facts and the grounds set out in the memo

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911mca336.25

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of application and considering the convenience of the applicant-wife, this Court is of the view that the Hindu Marriage Petition No. 118 of 2025, pending on the file of learned Civil Judge, Senior Division, Rahata, District Ahilyanagar, needs to be withdrawn and it needs to be transferred to the file of the learned Civil Judge Senior Division, Jalgaon, for proper adjudication. In view of the above, I proceed to pass the following order :

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ORDER

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(i) The Misc. Civil Application is allowed.

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(ii) The Hindu Marriage Petition No. 118 of 2025, is hereby withdrawn from the file of learned Civil Judge Senior Division, Rahata, District Ahilyanagar, and it is transferred to the file of learned Civil Judge Senior Division, Jalgaon, District Jalgaon for trial and decision.

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(iii) This order be communicated to both the Courts.

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( Y.G. KHOBRAGADE, J.)

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mahajansb/

Bhagyashree Rohit Pande v. Rohit Yashwant Pande

Case brief

What is this about?

What did the court decide?

Bhagyashree Rohit Pande v. Rohit Yashwant Pande

Case brief

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