Bombay High Court
ANITA DEVENDRA KAMBLEversusDEVENDARA GULABRAO KAMBLE
- Disposal
- Allowed
Holding
The court held that any application for restoration of the dismissed marriage petition must be filed before the Family Court at Daund, Pune.
Summary
The applicant filed a miscellaneous civil application seeking clarification on the procedural steps for restoring a marriage petition (No. 292 of 2021) that had been dismissed for default on 31 December 2025. The respondent indicated an intention to file a restoration application and sought guidance on the appropriate forum. The court noted that the original marriage petition had been transferred to the Family Court at Daund, Pune, and therefore any restoration proceedings must be instituted before that transferee court. The applicant’s counsel concurred that the restoration should be filed in the Family Court. No further orders were deemed necessary, and the matter was disposed.
Issues considered
- Whether a restoration application for a marriage petition dismissed for default should be filed before the High Court or the transferee Family Court.
Subjects
- restoration of suit
- default judgment
- family court jurisdiction
- marriage petition
- procedural law
Judgment
1
905-MCA-410-2023 (C).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
MISC.CIVIL APPLICATION NO. 410 OF 2023
Anita Devendra Kamble …... Applicant
VERSUS
Devendara Gulabrao Kamble …...Respondent
_________________________________________________________________
Ms. Swapna P. Kode (Through VC), for the Applicant.
Mr. Vaibhav R. Gaikwad a/w Mr. Samrat Hajare and Mr. Suraj Bhosale, for
Respondent.
_________________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
Digitally
DATE : 1st SEPTEMBER, 2026.
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
P.C.
2026.09.02
19:56:26
+0530
1. This Application was disposed of by order dated 28 th August,
2026.
2. By praecipe dated 31st August, 2026, Mr. Vaibhav R. Gaikwad,
learned Advocate for the Respondent, requested that this matter be taken
on board for the reasons mentioned in the praecipe, which read as under:
“I am concerned for the Respondent in the captioned matter. BE
PLEASED to kindly circulate the papers and proceedings in the
above mentioned Application before Hon’ble Court (Coram-
Ashwin Bhobe, J).
Shantanu S. Dhudum
2
905-MCA-410-2023 (C).DOC
The above Application listed on 28-08-2026. The Hon’ble
Court was pleased to pass order in the said Application. However,
subsequently it was noticed that main Marriage Petition No.292 of
2021 is already dismissed as default. The Advocate for Respondent
revealed the said fact later.”
3. The praecipe is taken on record and marked as “X” for
identification.
4. Ms. Swapna P. Kode, learned Advocate for the Applicant, states
that the Respondent is apparently in the process of filing a restoration
Application and, therefore, in the event such an Application is filed, the
same should be filed before the Transferee Court i.e. Family Court at
Daund, Pune.
5. Mr. Vaibhav R. Gaikwad, learned Advocate for the Respondent
submits that, in the event the Respondent intends to file an Application
seeking restoration of Marriage Petition No. 292 of 2021, which was
dismissed for default on 31st December, 2025, the Respondent shall file
same before the Transferee Court.
6. In view of the above, no further orders required.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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