Case Note & Summary
The applicant, Ekta Ashok Laroiya, filed a transfer application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of a divorce petition (M.J. Petition No. A-1086/2023) filed by her husband, Sancket Ameet Kamdar, pending before the Family Court at Bandra, to the Family Court at Borivali. The applicant, who resides in Borivali, contended that she faced threats and safety concerns from the husband and his family, making it difficult and unsafe for her to travel to Bandra for court hearings. The husband opposed the transfer, arguing that the Bandra court had already taken cognizance and that the wife's allegations were baseless. The Court, after hearing both sides, noted that the wife's convenience and safety were paramount, especially in matrimonial matters. The Court observed that the distance between Borivali and Bandra was significant and that the wife's apprehension of threats was plausible given the strained relations. The Court allowed the application, transferring the divorce petition to the Family Court at Borivali, and directed the Family Court at Bandra to transmit all records to the Borivali court within four weeks. The Court also clarified that the transfer would not affect the merits of the case and that the Borivali court would proceed from the stage at which the matter was transferred.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Matrimonial Dispute - Transfer of divorce petition from Family Court, Bandra to Family Court, Borivali - The wife sought transfer alleging difficulty in traveling from Borivali to Bandra due to threats and safety concerns from the husband and his family - The Court held that the convenience of the wife, who is the respondent in the divorce petition, must be considered, and the transfer was allowed to ensure her safety and ease of access (Paras 1-5).
Issue of Consideration
Whether the divorce petition pending before the Family Court at Bandra should be transferred to the Family Court at Borivali on the grounds of convenience and safety of the wife.
Final Decision
The application is allowed. M.J. Petition No. A-1086/2023 pending before the Family Court at Bandra is transferred to the Family Court at Borivali. The Family Court at Bandra is directed to transmit all records to the Family Court at Borivali within four weeks. The Family Court at Borivali shall proceed from the stage at which the matter is transferred.
Law Points
- Transfer of proceedings
- convenience of parties
- threat perception
- Section 24 CPC
- matrimonial jurisdiction
- Family Court Act
Case Details
2025 LawText (BOM) (09) 120
Miscellaneous Civil Application No. 403 of 2023
Ms. Firoza Daruwala a/w. Adv. Maanvee Choraria i/by Adv. Nerissa Almeida for the Applicant, Ms. Manjula Rao, Senior Advocate a/w. Adv. M.A. Amonkar i/by adv. Rohan Deshmukh for Respondent No.2
Sancket Ameet Kamdar, State of Maharashtra, Heena Kamdar, Ameet Kamdar, Khusali Kamdar
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Nature of Litigation
Transfer application under Section 24 CPC seeking transfer of divorce petition from one Family Court to another.
Remedy Sought
Transfer of M.J. Petition No. A-1086/2023 from Family Court, Bandra to Family Court, Borivali.
Filing Reason
The wife (applicant) alleged difficulty and safety concerns in traveling from Borivali to Bandra for court hearings due to threats from the husband and his family.
Issues
Whether the divorce petition should be transferred from Family Court, Bandra to Family Court, Borivali on grounds of convenience and safety of the wife.
Submissions/Arguments
Applicant (wife) argued that she resides in Borivali and faces threats from the husband and his family, making it unsafe to travel to Bandra for court hearings.
Respondent (husband) opposed the transfer, stating that the Bandra court had already taken cognizance and that the wife's allegations were baseless.
Ratio Decidendi
In matrimonial disputes, the convenience and safety of the wife, who is often the vulnerable party, must be given due consideration while deciding transfer applications under Section 24 CPC. The court must balance the interests of both parties but prioritize the wife's ability to access justice without fear or undue hardship.
Judgment Excerpts
By this application, the applicant seeks transfer of M.J. Petition No. A-1086/2023 pending before the Family Court at Bandra to the Family Court at Borivali.
The applicant contends that she resides in Borivali and faces threats from the husband and his family, making it unsafe to travel to Bandra.
The Court held that the convenience of the wife must be considered, and the transfer was allowed to ensure her safety and ease of access.
Procedural History
The applicant (wife) filed Miscellaneous Civil Application No. 403 of 2023 under Section 24 CPC before the High Court of Judicature at Bombay seeking transfer of the divorce petition filed by her husband (M.J. Petition No. A-1086/2023) from Family Court, Bandra to Family Court, Borivali. The application was heard on 21st August 2025 and pronounced on 3rd September 2025.
Acts & Sections
- Code of Civil Procedure, 1908: Section 24
