The Bombay High Court, Aurangabad Bench, has underscored the importance of convenience of parties in matrimonial disputes by transferring divorce proceedings from Amalner to Nandurbar. The judgment reinforces that transfer of proceedings under Section 151 of the Code of Civil Procedure (CPC) can be invoked to avoid hardship, particularly when multiple related cases are pending in different jurisdictions.
Background & Facts
The Dispute
The applicant, Ravina Pradeep Pawar, sought transfer of divorce proceedings (HMP No. 228 of 2025) pending before the Civil Judge, Senior Division, Amalner, to the Civil Judge, Senior Division, Nandurbar. The applicant, a homemaker with no independent income, contended that traveling 110 kilometers to Amalner imposed significant financial and logistical hardship.
Key Facts
The applicant filed for divorce (HMP No. 228 of 2025) before the Civil Judge, Senior Division, Amalner
She has no source of income, relying entirely on maintenance or familial support
Amalner is approximately 110 kilometers from Nandurbar, making travel difficult for the applicant
The applicant has three related proceedings pending in Nandurbar:
Maintenance proceedings under Section 144 of the Bharatiya Nyaya Sanhita, 2023
Proceedings under the Protection of Women from Domestic Violence Act, 2005
Both cases are pending before the Judicial Magistrate First Class, Nandurbar
A restitution of conjugal rights proceeding is pending before the Civil Judge, Senior Division, Amalner, which the respondent is attending
Procedural History
Date of filing divorce proceedings (HMP No. 228 of 2025): Not explicitly mentioned, but inferred to be prior to 2025
Date of filing transfer application (MCA No. 142 of 2026): 2026 (exact date not specified)
Hearing date: July 13, 2026
Service of notice: The respondent was served but did not appear
Relief Sought
The applicant sought transfer of HMP No. 228 of 2025 from Amalner to Nandurbar to consolidate proceedings and mitigate hardship.
The Legal Issue
The central question was whether Section 151 of the CPC empowers the court to transfer matrimonial proceedings to another jurisdiction solely on the ground of convenience of the wife, particularly when multiple related cases are pending in the transferee court.
Arguments Presented
For the Applicant
The applicant relied on the principle of convenience and judicial efficiency, arguing that traveling 110 kilometers to Amalner was financially and logistically burdensome
Cited the precedent N.C.V. Aishwarya v. A.S. Saravana Karthik (AIR Online 2022 SC 1268) to emphasize that courts should prioritize the convenience of the wife in matrimonial disputes
Highlighted that three related proceedings were already pending in Nandurbar, making consolidation practical and necessary
For the Respondent
The respondent did not appear or contest the application despite being served
The Court's Analysis
The Court invoked Section 151 of the CPC, which confers inherent powers on courts to make orders necessary for the ends of justice or to prevent abuse of process. The Court observed:
"Having considered the above facts, the dictum laid down by the Hon'ble Supreme Court in N.C.V. Aishwarya v. A.S. Saravana Karthik, in my view, it would be appropriate to transfer the divorce proceedings... to avoid inconvenience caused to the parties."
The Court emphasized that:
The applicant’s lack of income and the distance of 110 kilometers justified the transfer
Consolidating proceedings in Nandurbar would enhance judicial efficiency and reduce hardship for the applicant
The Supreme Court’s precedent in N.C.V. Aishwarya supported the transfer, as it prioritized the convenience of the wife in matrimonial disputes
The Verdict
The Court allowed the Miscellaneous Civil Application in terms of prayer clause (B). The key directions were:
Transfer of HMP No. 228 of 2025 from the Civil Judge, Senior Division, Amalner, to the Civil Judge, Senior Division, Nandurbar
Inform both concerned courts of the transfer order
Disposal of the application with no costs awarded
What This Means For Similar Cases
Convenience of the Wife Is Paramount
Courts are increasingly inclined to transfer matrimonial proceedings to the jurisdiction where the wife resides, especially when she lacks independent income
Practitioners should argue for transfer under Section 151 CPC when multiple related cases are pending in different courts, as consolidation reduces hardship and promotes efficiency
Inherent Powers Under Section 151 CPC Are Broad
Section 151 CPC empowers courts to pass orders necessary for ends of justice, even in the absence of explicit statutory provisions
This judgment reinforces that transfer of proceedings can be granted solely on the ground of convenience, particularly in matrimonial disputes
Strategic Consolidation of Proceedings
Parties should identify related cases pending in different jurisdictions and seek transfer to a single court to avoid multiplicity of litigation
This judgment sets a precedent for consolidating maintenance, domestic violence, and divorce proceedings in the same court to ensure coherent adjudication
