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Wife Demands Divorce Case Transfer, but Court Rules Husband and Child Come First — Bombay HC

22 Oct 2026

Wife Demands Divorce Case Transfer, but Court Rules Husband and Child Come First — Bombay HC
Source (official court record): Swara Sushil Khedekar vs Shushil Satish Khedekar, Bombay High Court

Court: Bombay High Court

Appeal dismissed — ruling against Mrs. Swara Sushil Khedekar (Applicant)

In Short

A working wife living in Thane asked the High Court to move her husband's divorce case from Khed to Thane so it would be easier for her to attend. The husband opposed the move because he lives in Khed, runs a small business, and is the sole caregiver for their six-year-old son. The court dismissed the wife's request, noting that the balance of convenience favoured the husband and child, though the court noted she could ask to attend hearings via video link.

The Parties

Party A: Mrs. Swara Sushil Khedekar (nee Ms. Shruti Shashikant Dalvi)

Party B: Mr. Shushil Satish Khedekar

Advocates & Judges

For Party A: Learned Advocate Mr. Shantanu Gurav, along with Learned Advocate Mr. Shubham Vasekar, instructed by Adv. Madhur Salkar

For Party B: Learned Advocate Mr. Someshwar M. Wale, along with Learned Advocate Ms. Pooja S. Wale

Judge(s): Hon'ble Justice Ashwin D. Bhobe

What the Case Was About

A husband filed a divorce petition in a court at Khed in Ratnagiri district. His wife, who works as an Assistant Manager at a bank and lives in Thane with her parents, wanted the divorce case transferred to Thane. She argued that traveling 200 to 250 kilometres from Khed to Thane was hard for her. The husband objected, pointing out that he takes care of their six-year-old son alone in Khed, runs his business there, and that the wife had not even asked for visitation rights or visited the child. He argued that moving the case would make it very hard for him to look after his young son.

Judgment Date

1st October, 2026

The Outcome

The court dismissed the wife's transfer application and ruled that the divorce case must continue in the court at Khed where the husband filed it.

What the Court Looked At

"If the facts of a particular case demonstrate that the balance of convenience lies in favour of the husband and that the proceedings ought to continue in the chosen forum, Courts must exercise caution and refrain from interfering."

What This Means For You

Just because a court often tries to help wives with travel convenience in family disputes does not mean a transfer request is guaranteed to succeed. In this case, the husband's undeniable duty as the sole caregiver for a young child, combined with the fact that the wife had not sought visitation or contact with the child, swung the balance against her. If you are seeking to transfer a family law case to a different city, you must show true hardship while also addressing practical family realities, such as childcare responsibilities. Setback Solutions can help you understand your options and coordinate next steps when you are facing a difficult court transfer battle.

You Still Have Options

Dealing with court transfers, custody issues, and contested divorce petitions can feel overwhelming, especially when you are worried about travel and logistics. It is not the end of the road, and you can still explore second opinions, alternative ways to appear in court like video conferencing, or practical guidance on your next steps. Reach out to Setback Solutions for help understanding your options and coordinating the right path forward, keeping in mind that Setback Solutions provides plain-language coordination and support only, and is not a law firm or a provider of legal advice.

⚠️ This is an AI-generated article. AI can make mistakes. Please double-check the facts by reading the real order/source linked above rather than relying completely on this article.

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