Bombay High Court
MR APURV RAMESH BHATAWDEKARversusMRS PRACHI APURV BHATWADEKAR ALIAS PRACHI BHAWSAR
- Decided
- Disposal
- Allowed
Holding
The Court held that the transfer order must be corrected to direct the Additional District Judge, Panvel, as the proper forum.
Summary
The Respondent (original applicant wife) filed an interim application seeking modification of an order dated 17-10-2025 that transferred a marriage petition from the Family Court at Thane to the Court of Civil Judge, Senior Division, Panvel. The Respondent argued that the appropriate forum for hearing the petition is the Additional District Judge, Panvel, not the Civil Judge. The Applicant (original respondent husband) concurred with this jurisdictional view. The Court agreed that the original order mistakenly named the Civil Judge and exercised its inherent jurisdiction to correct it, directing the transfer to the Additional District Judge, Panvel. The application was allowed, the order was modified accordingly, and the interim application was disposed.
Issues considered
- Whether the order directing the Civil Judge, Panvel to hear the transferred marriage petition is erroneous and should be corrected to the Additional District Judge, Panvel.
- Whether the court has inherent jurisdiction to modify its own transfer order to rectify jurisdictional error.
Subjects
- marriage petition
- transfer of jurisdiction
- additional district judge
- modification of order
- inherent jurisdiction
- family court
Judgment
Digitally
signed by
VINA
VINA ARVIND
ARVIND KHADPE
KHADPE Date:
2026.10.06
17:14:30
+0530 [email protected]
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.7697 OF 2026
IN
MISC. CIVIL APPLICATION NO.411 OF 2024
Mr. Apurv Ramesh Bhatawdekar … Applicant
In the matter of …...
Mrs. Prachi Apurv Bhatwadekar alias … Applicant
Prachi Bhawsar (Orig. Applicant in MCA)
Vs.
Mr. Apurv Ramesh Bhatawdekar … Respondent
***
Mr. Rohan Surve i/b. Mr. Yogesh B. Dandekar a/w Mr. Shrushti
Vishwakarma, Ms. Pooja Dandekar, Ms. Sakshi Shinde, Ms. Nashra
Zaidi for the Applicant.
Mr. Abhishek Bandekar a/w Mr. Yogen Kakade, Mr. Rachit Singh for
Applicant in MCA.
***
CORAM : M.M. SATHAYE, J.
DATE : 6 OCTOBER, 2026
P.C. :
1. Heard learned Advocates for the parties.
2. This is an Application by Respondent in Miscellaneous Civil
Application No.411 of 2024 seeking modification of order dated
17.10.2025, only to the extent of Court to which transfer is ordered.
The said Miscellaneous Civil Application was heard and finally
disposed of by the said order dated 17.10.2025 transferring the
concerned Marriage Petition from Family Court at Thane to Court of
Civil Judge, Senior Division, Panvel for decision in accordance with
law.
Vina Khadpe 1
[email protected]
3. Learned Advocate for the Applicant (original Respondent
Husband) submitted that the inherent jurisdiction to hear and decide
the dispute between parties is with the Additional District Judge,
Panvel, but in the said order, by mistake, ‘Court of Civil Judge, Panvel’
is directed to hear the transferred Petition.
4. Learned Advocate for the Respondent (original Applicant Wife)
fairly accept this position about the jurisdiction of the Additional
District Judge at Panvel.
5. In that view of the matter, the Application is allowed. The
order dated 17.10.2025 in MCA/411/2024 is modified, to the extent
substituting the following paragraph in the place of the existing
paragraph 8(A) :-
“8(A) The Marriage Petition No.A-207 of 2024 filed by
Respondent-husband is transferred from Family Court at
Thane to Court of Additional District Judge, Panvel, for
decision in accordance with law. Papers and proceedings
be sent accordingly.”
6. The said order dated 17.10.2025 stands modified and be read
accordingly. Interim Application is disposed of in the above terms.
7. All concerned to act on duly authenticated or digitally signed
copy of the said order.
(M.M. SATHAYE, J.)
Vina Khadpe 2
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