Bombay High Court

Anita Gajanan BhartiversusGajanan Venkatrao Bharti

Disposal: APPLICATION ALLOWED
Bench: ABHAY MANTRI

Holding

Consent of the respondent to the transfer suffices to permit the relocation of the divorce proceeding to the appropriate family court.

Summary

The applicant, Anita Gajanan Bharti, filed an application seeking the transfer of her divorce petition (Petition No. A‑469/2025) from the Family Court at Bandra, Mumbai, to the Family Court at Nanded. The respondent, Gajanan Venkatrao Bharti, consented to the transfer, stating that he had also been transferred to Nanded. The court accepted the respondent’s statement and, considering the mutual consent, allowed the application. Consequently, the divorce proceeding was ordered to be transferred to the Nanded Family Court. The order reflects the court’s discretion to transfer family matters when both parties agree and jurisdictional convenience warrants it.

Issues considered

What is the appropriate jurisdiction for the pending divorce proceeding?
Does the consent of the respondent permit the transfer of the case to another family court?

Subjects

transfer of jurisdiction
family court
divorce proceeding
consent
procedural law

Judgment

                                  (1)                905mca248.25.odt




      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

         905 MISC.CIVIL APPLICATION NO. 248 OF 2025
                      ANITA GAJANAN BHARTI
                                                          ….Applicant
                               VERSUS

                  GAJANAN VENKATRAO BHARTI
                                                         …..Respondent


Mr. S. R. Mantri, Advocate for the Applicant
Mr. V. D. Dhanurkar, Advocate for the Respondent

                                  CORAM : ABHAY J. MANTRI, J.
                                        DATE : 30th APRIL, 2026
PER COURT :

1.           By this Application, the Applicant seeks transfer of the

Divorce proceeding bearing Petition No. A-469/2025 pending before

the learned Family Court at Bandra, Mumbai, to the learned Family

Court at Nanded.

2.           In response, the learned Advocate for the Respondent has

consented to transfer the said proceeding as the Respondent has also

been transferred to Nanded.

3.           His statement is accepted.

4.           In view of the above submission, the Application is allowed

in terms of prayer clause B.




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                                    (2)               905mca248.25.odt




5.               Consequently, the Divorce proceeding bearing Petition

No. A- 469/2025 pending before the learned Family Court at Bandra,

Mumbai, be transferred to the learned Family Court at Nanded.



                                          [ABHAY J. MANTRI, J. ]
VishalK/905mca248.25.odt




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