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Bombay High Court

PRIYANKA ALIAS RANI GOLDENSING JADHAVversusGOLDENSING GOKULDAS JADHAV

Disposal
DISPOSED OFF

Holding

The marriage petition is transferred to the Family Court, Parbhani.

Summary

The wife, Priyanka Jadhav, filed an application to transfer her pending marriage petition (No. A73/2025) from the Family Court in Jalna to the Family Court in Parbhani, about 140 km away. The husband was duly served but did not appear to oppose the transfer. The wife has also lodged an FIR under several sections of the Bharatiya Nyaya Sanhita and a proceeding under the Protection of Women from Domestic Violence Act, 2005, which is already being heard in Parbhani, where the husband is attending. Considering the husband’s non‑appearance, the convenience of the wife, and the fact that the husband is already participating in the DV proceedings at Parbhani, the court found the transfer appropriate. Consequently, the marriage petition was ordered to be transferred to the Family Court, Parbhani, with a provision for video‑conferencing appearance if the husband later seeks it.

Issues considered

  • Whether a marriage petition pending before one Family Court can be transferred to another Family Court when the respondent does not appear to oppose?
  • Whether the convenience of the petitioner and the existence of related domestic‑violence proceedings justify such a transfer?

Legislation cited

Subjects

  • marriage petition
  • transfer of jurisdiction
  • family court
  • domestic violence
  • Bharatiya Nyaya Sanhita
  • Protection of Women from Domestic Violence Act
  • video conferencing

Judgment

2026:BHC-AUG:42892
                                                  1                      28-MCA-61-2026.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                              28 MISC.CIVIL APPLICATION NO. 61 OF 2026

                           Priyanka Alias Rani Goldensing Jadhav
                                          VERSUS
                                 Goldensing Gokuldas Jadhav
                                             …..
             Ms. Maya Jamdhade, Advocate for Applicant.
                                             …..

                                     CORAM        : ROHIT W. JOSHI, J.
                                     DATE         : 21 SEPTEMBER 2026

             PER COURT :


             1.        Office note dated 24 April 2026 indicates that the respondent –

             husband is duly served. He has however not entered appearance to

             oppose the present transfer application. By the present application, the

             applicant – wife is seeking transfer of HMP No.A73/2025 from Family

             Court, Jalna to the Family Court at Parbhani. The distance between the

             two places is around 140 k.m.

             2.        The applicant – wife has lodged First Information Report dated

             24/6/2025 for the offences punishable under Sections 85, 115(2), 352,

             351(2), 351(3), read with 3(5) of the Bharatiya Nyaya Sanhita against

             the respondent – husband and his family members. Apart from this, the

             proceeding under Protection of Women From Domestic Violence Act,

             2005 have been filed by her before the learned Court at Parbhani, which

             are registered as PWDVA No.94/2025. The respondent – husband has

             Kiran Kawre
                                      2                        28-MCA-61-2026.odt


attending the said proceeding instituted under the D.V. Act.

3.        Having regard to the general convenience of the wife, coupled with

the fact that the husband is already attending the proceeding before the

Court at Parbhani and that he has not entered appearance to oppose the

transfer application, the transfer application deserves to be allowed.

4.        Hence, the transfer application is allowed. Marriage Petition No.

A73 of 2025 pending before the Family Court, Jalna shall be transferred

to the Family Court, Parbhani.

5.        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 stage as is deemed appropriate by the

learned Judge, Family Court, Parbhani.




                                               [ ROHIT W. JOSHI, J. ]




Kiran Kawre


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