Rahul Bhikulal Kasat v. Neelam Rahul Kasat
Transfer of suit – Section 24, Code of Civil Procedure
Case brief
What is this about?
MCA 386/2025, Bombay High Court Aurangabad Bench, Abhay J. Mantri, J., 15.04.2026: rejected husband-prisoner's Section 24 CPC application to transfer wife's HMA 1955 S.13(1)(i-a)/(i-b) divorce petition (HMP 86/2025) from Civil Judge SD Jalna to Family Court Aurangabad; no territorial jurisdiction (parties never resided at Aurangabad, wife at Badnapur/Jalna); inmate can attend via production permission, parole or video conferencing for mediation; no costs; referral to Mediation Centre Aurangabad possible via Jalna court at applicant's expense.
What did the court decide?
The Family Court, Aurangabad has no territorial jurisdiction to deal with the matter because the Applicant and Respondent never resided together at Aurangabad, and the Respondent resides beyond the jurisdiction of that court. ¶22