Bombay High Court
Dipali Suraj JamdadeversusSuraj Ramesh Jamdade
- Disposal
- DISPOSED OFF
Holding
The court held that to avoid the risk of conflicting decrees, the divorce petition must be transferred to the Family Court where related matrimonial matters are already pending.
Summary
The wife filed a restitution of conjugal rights case, maintenance proceedings, and a petition under the Protection of Women from Domestic Violence Act, 2005 in the Family Court, Ahilyanagar. The husband subsequently filed a divorce petition in the Civil Court, Senior Division, Indapur, but did not appear to oppose a transfer. To prevent the possibility of conflicting decrees, the applicant sought transfer of the divorce petition to the Family Court where the other matrimonial matters are pending. The court noted the pending proceedings and the husband's non‑appearance and ordered the transfer of the divorce petition to the Family Court. The order also directed that both the restitution and divorce petitions be assigned to the same court and allowed video‑conferencing appearance if the husband later seeks it.
Issues considered
- Whether the divorce petition pending in the Civil Court should be transferred to the Family Court to avoid conflicting decrees
- Whether the Family Court has jurisdiction to entertain the transferred divorce petition alongside the restitution of conjugal rights and other matrimonial proceedings
Legislation cited
Subjects
- transfer of suit
- family court jurisdiction
- restitution of conjugal rights
- maintenance
- domestic violence
- conflicting decrees
Judgment
2026:BHC-AUG:42655
924.mca.70.26.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
MISC. CIVIL APPLICATION NO.70 OF 2026
(Dipali Suraj Jamdade Vs. Suraj Ramesh Jamdade)
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Mr. K.J. Tandale, Advocate for the applicant through V.C.
CORAM:- ROHIT W. JOSHI, J.
DATED :- SEPTEMBER 16, 2026.
This is an application seeking transfer
of Marriage Petition No.290/2024, filed by the
non-applicant/husband for divorce before the Court of
learned Civil judge, Senior Division, Indapur, District
Pune, to the learned Family Court, Ahilyanagar.
2. The applicant/wife has filed an application
for restitution of conjugal rights before the learned Family
Court, Ahilyanagar, being HMP No.101/2024. Apart from
this, proceedings for maintenance and under the
provisions of the Protection of Women from Domestic
Violence Act, 2005 are also instituted by the wife prior to
the filing of the divorce petition by the husband. The
non-applicant/husband, though served in April 2026, has
not entered an appearance in order to oppose the transfer
petition. Having regard to the fact that a petition for
restitution of conjugal rights is pending before the learned
Family Court, Ahilyanagar, it will be expedient to transfer
924.mca.70.26.odt 2
the divorce petition filed by the non-applicant/husband,
so as to rule out possibility of conflicting decrees.
3. The transfer application is allowed by
directing that Marriage Petition No.290/2024, pending on
the file of the Civil judge, Senior Division, Indapur, District
Pune, be transferred to the Family Court, Ahilyanagar.
4. The learned Principal Judge, Family Court,
Ahilyanagar is requested to assign HMP No.101/2024
filed by the applicant/wife and Marriage Petition
No.290/2024 filed by the non-applicant/husband to the
same court.
5. In the event, the non-applicant/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, Ahilyanagar.
(ROHIT W. JOSHI, J.)
*Donge
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