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
- Code of Civil Procedure — s. 24
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.)
Gavade
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