Bombay High Court

NAMRATA MOHAN SURVASEversusABHIJIT RAMCHANDRA RAJ

Disposal: Disposed Off

Holding

The court held that leave may be granted to withdraw a miscellaneous civil application upon the applicant’s request.

Summary

The applicant, Namrata Mohan Survase, filed a miscellaneous civil application seeking transfer of family court proceedings (P.D. 1/2024) from Solapur to Pune. The applicant’s counsel, Pallavi Nidbane, later informed the court that the respondent’s case in Solapur had been dismissed for default. Consequently, the applicant requested leave to withdraw the application. The court considered whether such a withdrawal could be permitted. It granted leave to withdraw the application. The matter was consequently disposed of as withdrawn.

Issues considered

Whether the applicant is entitled to withdraw the miscellaneous civil application after the respondent's case was dismissed for default
Whether the court may order transfer of family court proceedings under the applicant’s original prayer

Subjects

transfer of jurisdiction
family court
withdrawal of application
procedural law
miscellaneous civil application

Judgment

44-MCA-239-2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS CIVIL APPLICATION NO. 239 OF 2025
Namrata Mohan Survase ...Applicant
Versus
Abhijit Ramchandra Raj ...Respondent
_______________________________________________________________
Ms. Pallavi Nidbane (through VC) i/b Abhijit Sarwate, Advocate for the
Applicant.
_______________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 16th September, 2026.
P.C. :

1. Heard Ms. Pallavi Nidbane, learned Advocate for the Applicant.

2. By the present Application, the Applicant has sought for the

following relief in terms of prayer clause (b):-

(b) The proceedings bearing No. P. D. 1/2024 before the
Hon’ble Family Court, Solapur, be transferred to the Family
Court, Pune.

3. Ms. Pallavi Nidbane, learned Advocate for the Applicant, on

instructions from the Applicant, seeks leave to withdraw the present

Application as the proceedings bearing No. P. D. 1 of 2024 filed by the

Respondent before the Family Court, Solapur, has been dismissed for

default.

Arjun 1
44-MCA-239-2025.docx

4. In view of the statement made by Ms. Pallavi Nidbane, learned

Advocate for the Applicant, leave is granted to withdraw the present

Application.

5. Miscellaneous Civil Application No. 239 of 2025 is disposed of

as withdrawn.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.17
15:53:28
+0530

Arjun 2

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