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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally

signed by

KANCHAN

KANCHAN VINOD CIVIL APPELLATE JURISDICTION

VINOD MAYEKAR

MAYEKAR Date:

2025.12.23

18:06:24

+0530

MISCELLANEOUS CIVIL APPLICATION NO. 430 OF 2025

MRUDULA AJINKYA DANDEKAR

ALIAS MRUDULA APTE ….. APPLICANT

VERSUS

AJINKYA DANDEKAR …..RESPONDENT

Adv. Aditya Shinde i/b. Adv. Divya Thorat for the Applicant.

Adv. Deepti B. Mistry for the Respondent.

CORAM : RAJESH S. PATIL, J.

DATE : 22 DECEMBER, 2025

P.C. :-

1) By the present transfer proceedings, the applicant, wife

of the respondent is seeking transfer of the divorce proceeding filed by

the respondent-husband before the Family Court at Thane to the

Family Court at Bandra.

2) It is the case of the applicant that she is residing at

Dahisar, Mumbai and is working at Andheri, Mumbai. Both the places

are in Western Suburb of Mumbai. The respondent is also working in

the Western Suburb at Goregaon. Therefore even for the respondent

to attend the court proceedings at Family Court at Bandra, which is in

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Western Suburb of Mumbai would be convenient.

3) On behalf of the respondent-husband the transfer of

proceedings which is sought by the applicant is opposed as the

applicant is residing at Dahisar. Travel time between Dahisar to Thane

Family Court and travel time between Dahisar to Bandra Family Court

would be the same. Therefore, the proceedings should continue at the

Family Court, Thane.

4) The Hon’ble Supreme Court in case of N.C.V. Aishwarya

vs. A.S.Saravana Karthik Sha, reported in 2022 SCC OnLine SC 1199

has held that the convenience of the wife has to be seen for the

transfer proceedings. Paragraph no.9 of the said judgment reads as

under :-

9. The cardinal principle for exercise of power under Section 24

of the Code of Civil Procedure is that the ends of justice should

demand the transfer of the suit, appeal or other proceeding. In

matrimonial matters, wherever Courts are called upon to consider the

plea of transfer, the Courts have to take into consideration the

economic soundness of both the parties, the social strata of the

spouses and their behavioural pattern, their standard of life prior to

the marriage and subsequent thereto and the circumstances of both

the parties in eking out their livelihood and under whose protective

umbrella they are seeking their sustenance to life. Given the prevailing

socio-economic paradigm in the Indian society, generally, it is the

wife’s convenience which must be looked at while considering

transfer.

(Emphasis supplied)

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5) It has been submitted before me that the proceeding

which has been filed by the husband is still at a preliminary stage of

counselling. The applicant is residing at Dahisar at Western Suburb,

her office is at Andheri, again at Western Suburb and the Family Court

at Bandra, Mumbai is again in Western Suburb. Therefore, they

submit that it will be convenient for her to attend the proceedings

before Bandra Family Court.

6) As far as respondent is concerned, though he is residing at

Thane, central suburb, his office is at Goregaon, which is again in

Western Suburb. Therefore even for the respondent to attend the

court proceedings at Bandra, Western Suburb would always be

convenient.

7) Considering the law laid down by the Hon’ble Supreme

Court in case of N.C.V. Aishwarya (supra) and the facts of the present

case, I am convinced that the present Miscellaneous Civil Application

filed by the applicant requires to be allowed.

8) Hence, Miscellaneous Civil Application stands allowed in

terms of prayer clause (b).

9) The proceeding of Marriage Petition A No. 469 of 2025

pending before the Family Court Thane is hereby transferred to the

Family Court, Bandra within four weeks.

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