Bombay High Court

VAISHALI PRAKASH KESAREversusPRAKASH MALLINATH KESARE

Disposal: Disposed Off

Holding

The application is disposed, and the court indicates that any fresh request for video‑conferencing must be decided by the Family Court in accordance with the VC Rules.

Summary

The applicant, Vaishali Prakash Kesare, filed a miscellaneous civil application under Section 24 of the Code of Civil Procedure seeking withdrawal of a restitution of conjugal rights petition (Section 9, Hindu Marriage Act) pending before the Family Court, Solapur, and its transfer to the Civil Judge Junior Division, Devrukh. Notices were issued but the applicant failed to supply required copies despite multiple extensions, leading to procedural objections. The applicant then requested permission to appear before the Family Court via video‑conferencing, citing the court’s facilities. The bench held that if the applicant makes a fresh application for video‑conferencing, the Family Court must permit it subject to the applicable VC rules. Consequently, the miscellaneous civil application was disposed without granting the transfer or any other substantive relief.

Issues considered

Whether the application for withdrawal and transfer of the restitution of conjugal rights petition under Section 24 CPC is maintainable.
Whether the applicant may be directed to appear before the Family Court via video‑conferencing.

Legislation cited

Code of Civil Procedure, 1908 — s. 24
Hindu Marriage Act, 1955 — s. 9

Subjects

Section 24 CPC
transfer of proceedings
restitution of conjugal rights
video conferencing
family court
civil procedure

Judgment

4 - MCA - 290 - 2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
Digitally
signed by
VAIBHAV
VAIBHAV RAMESH
MISCELLANEOUS CIVIL APPLICATION NO. 290 OF 2025
RAMESH JADHAV
JADHAV Date:
2026.10.09
20:36:32
+0530

Vaishali Prakash Kesare … Applicant
V/s.
Prakash Mallinath Kesare … Respondent

Mr. Niranjan Bhavake (through V.C.) with Mr. Sandeep
Deshpande and Pirajirao Bhavake for the Applicant.

CORAM : ASHWIN D. BHOBE, J.

DATED : OCTOBER 9, 2026
P.C.:

1. Heard Mr. Niranjan Bhavake, learned Advocate for the Applicant.

2. By the present Petition under Section 24 of the Code of Civil

Procedure, 1908, the Applicant has sought the following substantive

relief:

“B] That the proceedings of the Application for Restitution of Conjugal
Rights under Section 9 of the Hindu Marriage Act bearing A Petition No.400
of 2024 filed by the Respondent may kindly be withdrawn from the Ld.
Family Court at Solapur and the same may kindly be transferred to the Ld.
Civil Judge Junior Division, Devrukh at Ratnagiri for its disposal according to
law;”

3. On 23rd December 2025, notice was issued to the Respondent,

returnable on 16th January 2025.

4. Time to supply the spare copy was extended on 19th January

2026, 5th March 2026, 23rd April 2026, and 5th March 2026.

VRJ 1
4 - MCA - 290 - 2025.docx

5. Office note dated 23rd September 2026 reads thus:

“1] MCA FILED THROUGH E-FILING AND PHOTOCOPY IS KEPT HEREWITH.

2] OFFICE OBJECTIONS ARE REMOVED.

3] AS PER COURT’S ORDER DATED 23/12/2025, 19/01/2026,
05/03/2026 AND 23/04/2026 ADV. FOR THE APPLICANT HAS NOT SUPPLY
MEMO COPIES, HENCE NOTICE NOT ISSUED TO RESPONDENTS.

COURT (S.J.)

FOR ORDER”

6. Today, Mr. Niranjan Bhavake, learned Advocate for the Applicant,

on instructions from the Applicant, states that the Family Court at

Solapur has video-conferencing facilities. He, therefore, submits that the

Applicant will make an application to the Family Court, Solapur, seeking

permission to appear through video-conferencing (VC). He submits that

the Family Court, Solapur, be directed to permit the Applicant to appear

through VC in Hindu Marriage Petition No. 400 of 2024.

7. If an application, as submitted by Mr. Niranjan Bhavake, learned

Advocate for the Applicant, is made by the Applicant seeking permission

to appear through VC in Hindu Marriage Petition No. 400 of 2024

pending before the Family Court at Solapur, the Family Court, Solapur,

shall permit the Applicant to appear through VC, subject to compliance

with the VC Rules.

8. In view of the above, Mr. Niranjan Bhavake, learned Advocate for

the Applicant, submits that this Application be disposed of.

VRJ 2
4 - MCA - 290 - 2025.docx

9. Miscellaneous Civil Application No. 290 of 2025 is disposed of.

(ASHWIN D. BHOBE, J.)

VRJ 3

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