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
- Bharatiya Nyaya Sanhita — s. 115(2), 3(5), 351(2), 351(3), 352, 85
- Protection of Women from Domestic Violence Act, 2005
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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