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Bombay High Court

MR. PAWAN PRAKASH BADGUJARversusMRS. PRIYANKA PAWAN BADGUJAR

Decided
Disposal
Disposed Off

Holding

Leave was granted to withdraw the miscellaneous civil application, which was disposed of, and the dispute was referred to mediation.

Summary

The applicant, Mr. Pawan Prakash Badgujar, filed a miscellaneous civil application which the respondent, Mrs. Priyanka Pawan Badgujar, challenged on the ground of maintainability before the bench. The applicant sought leave to withdraw the application and re‑file before the Aurangabad bench. The court granted the leave, ordered the application withdrawn and thus disposed of, and, by consent of both parties, referred the matrimonial dispute to mediation. Former High Court Judge Justice Shalini Phansalkar‑Joshi was appointed as mediator, with her contact details recorded. The expenses of mediation were ordered to be borne by the applicant.

Issues considered

  • Whether the miscellaneous civil application is maintainable before the present bench
  • Whether the applicant may be permitted to withdraw the application and re‑file elsewhere

Subjects

  • mediation
  • family law
  • matrimonial dispute
  • withdrawal of application
  • preliminary objection

Judgment

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        Digitally
        signed by
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        KANCHAN
KANCHAN VINOD
VINOD   MAYEKAR
MAYEKAR Date:
        2026.07.04
        15:18:17
                                            CIVIL APPELLATE JURISDICTION
        +0530



                                    MISCELLANEOUS CIVIL APPLICATION NO. 14/2026

                     MR. PAWAN PRAKASH BADGUJAR                             ….. APPLICANT

                               VS

                     MRS. PRIYANKA PAWAN BADGUJAR                           ….. RESPONDENT

                     Mr. Abhijit A. Devkhile for the Applicant.

                     Adv. Vikas Shivarkar for the Respondent.
                                                         CORAM : RAJESH S. PATIL, J.

                                                         DATE     : 2 JULY, 2026

                     P.C. :-

                     1)               Since preliminary objection is raised by the respondent’s

                     advocate about maintainability of the present miscellaneous civil

                     application before this Bench, learned advocate appearing for the

                     applicant on instructions of his client, seeks leave and liberty of this

                     Court to withdraw the present miscellaneous civil application and file

                     an appropriate application before the Bench of Aurangabad.

                     1.1)             Leave and liberty as prayed, is granted.

                     2)               Miscellaneous civil application stands disposed of as

                     withdrawn.

                     3)               Both the learned advocates submit that the matrimonial
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dispute between the parties can be referred to the mediation.

4)           By consent of both the learned counsel, Hon’ble Dr.(Mrs.)

Justice Shalini Phansalkar-Joshi, Former Judge of this High Court is

appointed as a mediator in order to make an attempt to resolve the

dispute between the parties.

5)           The address and contact number of the learned mediator

is as under :-

        Hon’ble Dr.(Mrs.) Justice Shalini Phansalkar-Joshi,
        Former Judge of this High Court,
        Bungalow No. 12, Bhagya Chintamani Society,
        Paud Road, Kothrud, Pune – 411 038

        (Email : [email protected],
         Mobile No. 9657188676)


6)           The expenses of the learned mediator would be borne by

the applicant-husband.

                                            [RAJESH S. PATIL, J.]


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