Pradnya Amol Waybhase vs Amol Babasaheb Waybhase — Matrimonial and Divorce | Bombay HC (2026)

Pradnya Amol Waybhase vs Amol Babasaheb Waybhase — Matrimonial and Divorce | Bombay HC (2026)

What the court decided

AI extract

Outcome

Transfer application allowed: Petition No.A-17/2025 withdrawn from the file of the Family Court, Ahmednagar and transferred to the file of the learned C.J.S.D., Ambejogai, Dist. Beed; the non-applicant/husband permitted to appear before the transferee court through video conferencing except during the course of trial; copy of the order to be communicated to both courts below.

Issue for consideration

Whether Petition No.A-17/2025 (divorce petition filed by the husband under Section 13(1)(i-a) of the Hindu Marriage Act), pending before the learned Family Court, Ahmednagar, should be transferred to the file of the learned C.J.S.D., Ambejogai, Dist. Beed. +1 more

Court's answer

Considering that the distance between Ahmednagar and Ambejogai is approximately 205 kms and that, being a lady, it will not be convenient for the applicant/wife to appear before the Family Court, Ahmednagar, and considering the scope of Section 24 of the C.P.C., it is just and proper to withdraw Petition No.A-17/2025 from the file of the Family Court, Ahmednagar and transfer it to the file of the learned C.J.S.D., Ambejogai, Dist. Beed for proper adjudication.

Ratio / Principle

The non-applicant/husband is permitted to appear before the learned C.J.S.D., Ambejogai, Dist. Beed through video conferencing, except during the course of trial.

Detailed headnote1 paragraphs

Transfer application (MCA No. 68 of 2025) by the wife, Pradnya Amol Waybhase, under the Bombay High Court (Aurangabad Bench) seeking transfer of her husband Amol Babasaheb Waybhase's divorce Petition No.A-17/2025, filed under Section 13(1)(i-a) of the Hindu Marriage Act, from the file of the learned Family Court, Ahmednagar to the file of the learned C.J.S.D., Ambejogai, Dist. Beed. Following a failed mediation conducted pursuant to an order dated 19.01.2026 (during which the husband refused co-habitation despite the wife's readiness), and noting the counsel for the husband raised no objection to the transfer but sought liberty to appear by video conferencing, Y.G. Khobragade, J. held that the approximate 205 kms distance between Ahmednagar and Ambejogai made attendance inconvenient for the wife, and that considering the scope of Section 24 of the C.P.C. it was just and proper to withdraw the petition from the Family Court, Ahmednagar and transfer it to the C.J.S.D., Ambejogai, Dist. Beed. The husband was permitted to appear through video conferencing on all dates except during the course of trial. Application allowed (22.01.2026).

2026:BHC-AUG:2946

( 1 ) 953 mca 68.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

953 MISC.CIVIL APPLICATION NO. 68 OF 2025

PRADNYA AMOL WAYBHASE VERSUS AMOL BABASAHEB WAYBHASE

Advocate for Applicant : Mr. Munde Sachin B Advocate for Respondent : Ms. Sunita G. Sonawane

CORAM : Y.G. KHOBRAGADE, J. DATE : 22.01.2026

P.C.:-

In pursuance of order dated 19.01.2026, the applicant and the non-applicant both are personally present before this Court, so also, they also appeared before the Mediator. However, the mediation has failed. Therefore, both the parties are called upon to argue the matter on merit.

By the present application, the applicant/wife prayed for transfer of Petition No.A-17/2025 from the file of the learned Family Court, Ahmednagar to the file of the learned C.J.S.D., Ambejogai, Dist. Beed on various grounds enumerated in the application. On instructions, the learned counsel appearing for the non-applicant/husband has no objection for transfer of the said petition before the learned C.J.S.D., Ambejogai, Dist. Beed from the file of learned Family Court, Ahmednagar. However, the learned counsel

( 2 ) 953 mca 68.25

appearing for the non-applicant/husband seeks leave to appear before the learned C.J.S.D., Ambejogai, Dist. Beed through video conferencing on each and every date.

Needless to say that, Petition No.A-17/2025 filed by the present non-applicant/husband under Section 13 (1) (i-a) of the Hindu Marriage Act prayed for decree of divorce. Indeed, the applicant/wife and non-applicant/husband are highly educated persons and both of them were allegedly serving in the I.T. sector. However, presently the applicant/wife is residing at her parental house due to marital discord between her and the non-applicant. This Court also inquired with both the applicant/wife and the non-applicant/husband about settlement, however, the non-applicant/ husband refused to co-habit with the applicant/wife though the applicant/wife has shown her readiness and willingness to co-habit with the non-applicant/husband.

Needless to say that, distance between Ahmednagar and Ambejogai is approximately 205 kms and being a lady it will not be convenient for the applicant/wife to appear before the Family Court, Ahmednagar. Therefore, considering the scope of Section 24 of the C.P.C., it would be just and proper to withdraw the Petition No.A-17/2025 from the file of Family court, Ahmednagar and transfer it to the file of the learned C.J.S.D.,

( 3 ) 953 mca 68.25

Ambejogai, Dist. Beed for proper adjudication. However, the non-applicant is hereby permitted to appear before the learned C.J.S.D., Ambejogai, Dist. Beed through video conferencing except during the course of trial.

In view of above, the petition is allowed. The copy of this order be communicated to both the Courts below.

mubashir