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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)
         --------------------------------------------------------------------------------------------------------
         Office Notes, Office Memoranda of                              Court's or Judge's Order
         Coram, appearances, Court's Orders
         or directions and Registrar's order
         ---------------------------------------------------------------------------------------------------------
                                  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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