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
- Bharatiya Nagarik Suraksha Sanhita (BNSS) — s. 144
- Protection of Women from Domestic Violence Act
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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