2025:BHC-AS:40621

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by KANCHAN

KANCHAN VINOD

VINOD MAYEKAR

MAYEKAR D 20 a 2 te 5 : .09.25 CIVIL APPELLATE JURISDICTION

19:12:46 +0530

MISCELLANEOUS CIVIL APPLICATION NO. 239 OF 2024

Jyoti Abhijeet Kandage ) Age 31 years, Occ : Govt. Job, ) R/at : Flat No.-B 606, Anand Prospera, ) Hari-Om Nagar, Tal. Karveer, )

Dist. Kolhapur, Pin 416 012 ) ….. Applicant

VERSUS

1) Abhijeet Narayan Kandage ) Age : 31 years, Occ : Govt. Job, ) Add. :- Regional Transport Office, ) Transport Road, Vijapur Office, ) S.T. Colony, Solapur : 413 004 ) Native place :- at/Post Kandgewasti Nhavare) Tal. Shirur, Dist. Pune. Pin. 412 211 ) 2) Archana Arjun Kandage, ) Age : 31 years, Occu. Service, ) R/at : Wagholi, Pune ) Permanent address : ) at/Post Kandgewasti Nhavare, Tal. Shirur, ) Dist. Pune. Pin 412 211. ) 3) Indumati Narayan Kandage, ) Age : 50 years, Occu. Housewife, ) R/at: Post Kandgewasti Nhavare, )

Tal. Shirur, Dist. Pune. Pin 412 211 ) ….. Respondents

Mr. Paras Yadav for the Applicant.

Mr. Kapil P. Shetye for the Respondents.

CORAM : RAJESH S. PATIL, J.

DATE : 15 SEPTEMBER, 2025

JUDGMENT :-

1) This transfer application has been filed by the Applicant who is the wife of the Respondent No. 1, seeking transfer of the marriage petition for divorce filed by the Respondent No. 1-Husband before Civil Judge, Senior Division, Pune, and of Domestic Violence proceedings filed by the Respondent No. 2-sister-in-law and Respondent No. 3-mother-in-law before Judicial Magistrate, First Class, Shirur, Pune, to the Family Court at Kolhapur.

2) By an Order dated 4 April, 2025, the co-ordinate Bench of this Court had by consent of both the parties transferred the Divorce proceedings filed by the husband before Civil Judge, Senior Division, Pune, to the Family Court at Kolhapur. Therefore, this application is argued only for the remaining prayer, which seeks transfer of Domestic Violence proceedings filed by the sister-in-law and mother- in-law, before the Judicial Magistrate First Class, Shirur at Pune, to the Family Court at Kolhapur. The stage of Domestic Violence Proceedings as per E-Courts website is “Awaiting Summons”.

3) I have heard learned Advocates for both the sides and with their help, I have gone through the proceedings which have been filed by both the parties and I have also gone through the judgments referred by the learned Advocates for both the sides.

4) The Applicant-Wife is seeking transfer of the Domestic Violence proceedings from Judicial Magistrate, First Class, Shirur, Pune to the Family Court at Kolhapur on following grounds:-

(I) The Applicant-Wife has to take care of her one and half year old son, whereas the sister-in-law aged 31 years, who has filed Domestic Violence proceedings has no children out of her marriage to take care of. Therefore, she can manage to travel from Shirur, Pune to Kolhapur.

(II) The mother-in-law who has also filed Domestic Violence proceedings is aged 51 years and has no responsibility, hence can manage to travel from Shirur, Pune to Kolhapur.

(III) The Applicant-Wife is working as an officer in Regional Transport Office at Kolhapur and has to attend duty of 12 hours everyday.

(IV) The distance between Shirur, Pune and Kolhapur is around 300 km. Therefore, travelling from Kolhapur to Shirur, Pune and back, would be around 600 km on each day of hearing.

(V) The Applicant-Wife has filed a marriage petition under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights before the Family Court at Kolhapur being Petition A No. 94 of 2024. She has also filed Domestic Violence proceedings against the husband and in-laws before the Judicial Magistrate, First Class at Kolhapur.

4.1) To buttress his submission, learned Advocate for the Applicant has relied upon the judgment passed by Supreme Court in case of N.C.V. Aishwarya vs. A.S.Saravana Karthik Sha, reported in 2022 SCC OnLine SC 1199. He also relied upon judgment of this Court in case of Rohan Shah vs. Nishigandha S