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Bombay High Court

Priya Shailesh GohilversusShailesh Lalit Gohil

Disposal
DISPOSED OFF

Holding

The marriage petition is transferred to the Family Court at Ahilyanagar.

Summary

The applicant-wife filed an application seeking transfer of a marriage petition (No. A-1863 of 2025) pending before the Family Court in Mumbai to the Family Court at Ahilyanagar, where she resides and has instituted related criminal and maintenance proceedings. The court noted the 250 km distance and the concurrent litigation in Ahilyanagar, and considered the convenience of the parties and the need for coordinated adjudication. It held that transfer was appropriate under the applicable procedural provisions. Accordingly, the marriage petition was ordered to be transferred to the Ahilyanagar Family Court, with a request that it be assigned to the same judge handling the maintenance petition, if feasible. The court also permitted the respondent‑husband to appear via video‑conferencing upon application.

Issues considered

  • Whether a marriage petition pending in a Family Court can be transferred to another Family Court on grounds of distance and concurrent proceedings.
  • Whether the transferred petition can be assigned to the same judge handling related matters.
  • Whether video‑conferencing for appearance is permissible in such transferred proceedings.

Legislation cited

Subjects

  • transfer of jurisdiction
  • family court
  • marriage petition
  • domestic violence
  • maintenance
  • video conferencing
  • concurrent proceedings

Judgment

2026:BHC-AUG:41651


                        IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                   BENCH AT AURANGABAD

                         918 MISC.CIVIL APPLICATION NO. 34 OF 2026

                                       Priya Shailesh Gohil
                                             VERSUS
                                        Shailesh Lalit Gohil
                                                ...
                             Advocate for Applicant : Mr. A. N. Gore
                        Advocate for Respondent : Mr. Bide Dnyaneshwar A.
                                                ...

                                  CORAM      : ROHIT W. JOSHI, J.
                                  Dated      : September 09, 2026

           PER COURT :-

           1.    The present application is filed seeking transfer of Marriage

           Petition No. A-1863 of 2025, pending before the learned Family Court

           Mumbai at Bandra, to the Family Court at Ahilyanagar.


           2.    The applicant-wife is residing at Ahilyanagar. Apart from the

           aforesaid petition instituted by the respondent-husband before the

           Family Court Mumbai at Bandra, the applicant-wife has instituted two

           proceedings at Ahilyanagar :

                 (i)      Criminal M.A. No. 49 of 2026 under the Protection of
                 Women from Domestic Violence Act, pending before the learned
                 Judicial Magistrate First Class (JMFC); and


                 (ii)     Petition No. E-7 of 2026 for maintenance under Section 144
                 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), pending
                 before the learned Family Court at Ahilyanagar.

           3.    The distance between Ahilyanagar and Bandra is stated to be

           approximately 250 kilometers, which consumes around 6 to 7 hours of

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                                                            918 MCA 34-2026



travel time by public transport. Furthermore, the respondent-

husband is already contesting the proceedings instituted by the

applicant-wife before the Courts at Ahilyanagar.


4.       In these circumstances, it is appropriate that the proceeding

instituted by the husband be transferred.


5.       Marriage Petition No. A-1863 of 2025 is transferred from the

Family Court, Mumbai at Bandra, to the Family Court at Ahilyanagar.


6.       The learned Principal Judge, Family Court, Ahilyanagar, is

requested to assign Marriage Petition No. A-1863 of 2025 and

Petition No. E-7 of 2026 to the same learned Judge, if feasible.


7.       In the event the respondent – husband makes an application

for appearance through video-conferencing, the same may be

considered favorably and permission to appear through video-

conferencing may be granted on such dates and at such stages as is

deemed appropriate by the learned Family Court at Ahilyanagar.




                                               ( ROHIT W. JOSHI, J. )




vj gawade/-.




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