The Bombay High Court has declined to transfer a divorce case filed by a husband in Mehkar to a Family Court in Nanded, observing that the wife, who is a government employee with an independent source of income, would not face undue hardship in attending the proceedings. The Court also noted that she could seek permission to participate through video conferencing.
Background of the Case
The matter arose from an application filed by AMG, who sought transfer of a matrimonial petition pending before the Civil Judge Senior Division at Mehkar to the Family Court at Nanded. She argued that the divorce proceedings had been initiated at a location nearly 200 kilometres away from her workplace and residence, causing inconvenience.
During the hearing, it was brought on record that both spouses are employed in the Indian Postal Department. The wife is posted in Nanded, while the husband works in Mumbai and belongs to Mehkar Taluka.
The husband opposed the transfer request, contending that the wife had not approached the Court with complete disclosure of facts. He also expressed willingness to bear her travel expenses whenever she was required to attend the proceedings at Mehkar.
Justice Abhay J. Mantri noted that courts often consider the convenience of a wife in transfer petitions. However, the facts of the present case were different.
The Court observed that the applicant was a working woman with her own income and that the divorce proceedings had been filed before she initiated proceedings under the Protection of Women from Domestic Violence Act and a criminal complaint in Nanded.
The bench further pointed out that the parties had previously lived together within the territorial jurisdiction of the Mehkar Court, giving that court the authority to hear the matrimonial dispute.
“The Mehkar Court is empowered to try and entertain the said proceeding,” the Court observed while noting that no child had been born from the marriage.
Justice Mantri also highlighted the availability of online hearings, stating that the wife could request permission to attend the proceedings virtually and therefore need not remain physically present on every date.
Finding no substantial reason to shift the proceedings, the High Court dismissed the transfer application.
The Court clarified that the wife remains free to seek permission for appearance through video conferencing. It further directed that if she attends the Mehkar proceedings in person, the husband shall reimburse her bus or train fare upon production of tickets and pay ₹500 towards miscellaneous expenses.
The application was accordingly disposed of.
Case Details
Case Title: AMG v. MJG
Case Number: Miscellaneous Civil Application No. 149 of 2025
Judge: Justice Abhay J. Mantri
Decision Date: June 15, 2026
