Vaishnavi Ajay Gadade vs Ajay Ratikant Gadade — Bombay HC (2026) — LawSathi Research

Vaishnavi Ajay Gadade vs Ajay Ratikant Gadade — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

The Miscellaneous Civil Application was allowed in terms of prayer clause (B), effecting the transfer of H.M.P. No. 33 of 2023 from the learned Family Court, Solapur to the learned Family Court, Nanded; the Application was thereafter disposed of.

Issue for consideration

Whether the divorce proceeding H.M.P. No. 33 of 2023 pending before the learned Family Court, Solapur should be transferred to the learned Family Court, Nanded, given the Applicant's lack of income, the pendency of her other proceedings at Nanded, and the distance (250 kms) involved in travel.

Court's answer

It is appropriate to transfer the divorce proceeding (H.M.P. No. 33 of 2023) filed by the Respondent from the learned Family Court, Solapur to the learned Family Court, Nanded, to avoid multiplicity of proceedings and the inconvenience caused to the Applicant, who has no source of income; the transfer is also considered appropriate in view of the law laid down by the Supreme Court in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha.

Key takeaways

Clarificatory observation: if the Respondent moves an application before the learned Family Court, Nanded for permission to appear through V.C. mode in the transferred proceedings, that Court may consider the said application positively.obiter¶20

Detailed headnote1 paragraphs

Miscellaneous Civil Application No. 352 of 2025 (High Court of Judicature at Bombay, Bench at Aurangabad; Abhay J. Mantri, J.; 29 April 2026; neutral citation 2026:BHC-AUG:19695): The wife-applicant sought transfer of the husband-respondent's divorce proceeding, H.M.P. No. 33 of 2023, from the learned Family Court, Solapur to the learned Family Court, Nanded. She pleaded no source of income, a journey of 250 kms, and the pendency of her own proceedings at Nanded (described in the judgment variously as divorce and maintenance proceedings before the J.M.F.C./Family Court, Nanded, and as domestic violence and maintenance proceedings before the appropriate Courts at Nanded). The Respondent resisted, urging that she could appear via V.C. mode. The Court allowed the application in terms of prayer clause (B), transferring the proceeding to Family Court, Nanded to avoid multiplicity of proceedings and inconvenience to the Applicant, expressly relying on the law laid down by the Supreme Court in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha (AIR Online 2022 SC 1268). The Court further observed that the Family Court, Nanded may consider positively any application by the Respondent to appear through V.C. mode. The Application was disposed of.

922-MCA-352-25.odt

2026:BHC-AUG:19695

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

MISCELLANEOUS CIVIL APPLICATION NO. 352 OF 2025

Vaishnavi Ajay Gadade @ Vaishnavi Sudhir Roopner ..APPLICANT VERSUS Ajay Ratikant Gadade ..RESPONDENT

Mr. A.V. Wadwale, Advocate h/f Mr. V.B. Dhage, Advocate for Applicant Mr. A.A. Joshi, Advocate h/f Mr. S.V. Natu, Advocate for Respondent

CORAM : ABHAY J. MANTRI, J. DATE : 29^th APRIL, 2026

PER COURT :

By this Application, the Applicant seeks to transfer the divorce proceeding, i.e. H.M.P. No. 33 of 2023, pending before the learned Family Court, Solapur, to the learned Family Court, Nanded.

Heard learned counsel for both parties and perused the record.

At the outset, it appears that the Applicant contended that she has

no source of income to travel and attend the proceeding at Solapur, which is

250 kms from Nanded. Similarly, she has filed two proceedings, i.e. divorce proceedings before the learned J.M.F.C., Nanded and maintenance proceedings before the learned Family Court, Nanded. Those proceedings are pending at Nanded, and therefore, it is urged that the proceedings filed by the Respondent be transferred to Nanded to avoid the inconvenience to the

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922-MCA-352-25.odt

Applicant.

The Respondent, by filing a reply, resisted the Application, contending that the Applicant can appear through V.C. mode in the proceeding and, for that purpose, it is not required to transfer the proceeding from Solapur to Nanded, and therefore, urged for rejection of the Application.

It is pertinent to note that the Applicant has filed two proceedings, i.e. domestic violence and maintenance, before the appropriate Courts at Nanded. Therefore, in my view, it would be appropriate to transfer the divorce proceeding filed by the Respondent at the learned Family Court, Solapur, to the learned Family Court, Nanded, to avoid multiplicity of the proceedings as well as inconvenience caused to the Applicant, who has no source of income. Also, in view of the law laid down by the Hon’ble Supreme Court in N.C.V. Aishwarya Versus A. S. Saravana Karthik Sha reported in AIR Online 2022 SC 1268 , it would be appropriate to transfer the proceeding, i.e. H.M.P. No. 33 of 2023, from the learned Family Court, Solapur, to the learned Family Court, Nanded.

As a result, the Miscellaneous Civil Application is allowed in terms of the prayer clause (B) .

Needless to clarify that if the Respondent has moved an application before the learned Family Court, Nanded, for permitting him to appear through V.C. mode in the proceedings, in such circumstances, the learned

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Family Court, Nanded, may consider the said application positively.

8. The Application is disposed of.

( ABHAY J. MANTRI, J. )

SSD

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