Bombay High Court

MRS. SHARAYU ABHIJIT GOSAVI W/O ABHIJIT BAJRANG GOSAVIversusMR. ABHIJIT BAJRANG GOSAVI

Decided: 19 August 2026
Disposal: Disposed Off

Holding

The transfer application is dismissed because the underlying divorce petition is to be withdrawn.

Summary

The applicant filed a miscellaneous civil application seeking transfer of a divorce petition pending in the Civil Court at Pune to the Civil Court at Kolhapur. The respondent, appearing via video conference, stated that he intended to withdraw the divorce petition on the next hearing. The court accepted this statement and held that, in view of the impending withdrawal, there was no longer any basis for the transfer request. Consequently, the application for transfer was disposed of, with the court reserving liberty to reapply if the divorce petition is not withdrawn. The order reflects the principle that procedural applications become moot when the substantive proceeding they relate to is withdrawn.

Issues considered

Whether a transfer application should be entertained when the underlying divorce petition is to be withdrawn.
Whether the court may dismiss a transfer application on the ground that the substantive petition will no longer exist.

Subjects

transfer of suit
divorce petition
withdrawal of petition
miscellaneous civil application
procedural law

Judgment

                                                         25-MCA-431-2025.docx


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION


                  MISC. CIVIL APPLICATION NO. 431 OF 2025
Swapnil

          Sharayu Abhijit Gosavi W/o
          Abhijit Bajrang Gosavi.                        …Applicant
               Vs.
          Abhijit Bajrang Gosavi.                        …Respondent


          Mr. Onkar A. Wable i/b. Mr. K. B. Redekar for the applicant.
          Mr. Mayur P. Salunke (Thr.V.C.) for the respondent.


                                    CORAM : GAURI GODSE, J.

                                    DATE :     19th AUGUST 2026

          ORDER :


          1.    This miscellaneous civil application is filed for transfer

          of the marriage petition filed before the civil court at Pune to

          the the civil court at Kolhapur.


          2.    Learned counsel for the respondent appears through

          video conferencing. He, on instructions, submits that the

          respondent intends to withdraw the divorce petition on the

          next date. The statement made on behalf of the respondent

          is accepted.


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                                                25-MCA-431-2025.docx


3.   In view of the statement made on behalf of the

respondent, nothing would survive in the prayers for transfer.

Hence, the miscellaneous civil application is disposed of in

view of the statement made on behalf of the respondent.


4.   Liberty to apply, if the divorce petition is not withdrawn.




                                          [GAURI GODSE, J.]




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