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Bombay High Court

Shradha Ajay MisalversusAjay Bharat Misal

Disposal
DISPOSED OFF

Holding

The marriage petition is transferred to the Family Court, Jalna, as ordered under Section 24 CPC.

Summary

The wife, Shradha Ajay Misal, filed an application under Section 24 of the Code of Civil Procedure seeking transfer of a Hindu Marriage Petition (restitution of conjugal rights) filed by her husband from the Civil Judge Senior Division, Mehkar to the Family Court, Jalna, where she already has a divorce petition pending. The husband was duly served but did not enter an appearance to oppose the transfer. The court held that both the restitution and divorce matters should be heard by the same Family Court to avoid conflicting decisions. Accordingly, the transfer application was allowed and the marriage petition was ordered to be transferred to the Family Court, Jalna. The court also permitted the husband to appear via video conferencing if he later applies for such appearance.

Issues considered

  • Whether an application under Section 24 CPC for transfer of a Hindu Marriage Petition is maintainable when the opposite party has not appeared.
  • Whether the same court should hear both restitution of conjugal rights and divorce proceedings to prevent conflicting judgments.

Legislation cited

Subjects

  • Section 24 CPC
  • transfer of suit
  • restitution of conjugal rights
  • divorce
  • Family Court jurisdiction
  • video conferencing
  • non-appearance

Judgment

2026:BHC-AUG:42352



                                                             1                      24.mca.88.2026.odt

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           AURANGABAD BENCH : AURANGABAD
                                               M.C.A. NO.88 OF 2026
                                    Shradha Ajay Misal .Vs. Ajay Bharat Misal
         Office Notes, Office Memoranda of               Court's or Judge's Order
         Coram, appearances, Court's Orders
         or directions and Registrar's order
                                   Ms Neeta D. Joshi, Advocate for applicant.

                                   CORAM : ROHIT W. JOSHI, J.
                                   DATE : 15/09/2026

                                   1.              The office note dated 24.04.2026 indicates
                                   that the respondent/husband is duly served, however, he has
                                   not entered appearance in the petition.
                                   2.              The present application is filed under Section
                                   24 of the Code of Civil Procedure seeking transfer of Hindu
                                   Marriage Petition No.49 of 2026 from the Court of learned
                                   Civil Judge Senior Division, Mehkar to learned Family
                                   Court, Jalna. The aforesaid marriage petition is filed by the
                                   respondent/husband on 18.02.2026 for restitution of
                                   conjugal rights. The applicant/wife has filed another
                                   proceeding being Petition No.A-17 of 2026 for divorce
                                   before the learned Family Court at Jalna. It will be
                                   appropriate that both the petitions for divorce and
                                   restitution of conjugal rights are heard by the same Court in
                                   order to avoid possibility of conflicting decisions.
                                   3.              Having regard to the aforesaid as also to the
                                   fact that the respondent/husband though duly served, has
                                   not entered appearance in order to oppose the transfer
                                   application, the same is allowed. Marriage Petition No.49 of
                              2                   24.mca.88.2026.odt

         2026 is ordered to be transferred from the Court of the
         learned Civil Judge Senior Division, Mehkar to the learned
         Family Court at Jalna.
         4.          In the event the respondent/husband makes an
         application for appearance through Video Conferencing,
         the same may be considered favourably 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.


                                       (ROHIT W. JOSHI, J.)




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