Bombay High Court

Kalyani Nilesh JoshiversusNilesh Vilas Joshi

Disposal: Allowed

Holding

The application under Section 24 CPC is allowed, and the marriage petition is transferred to the Family Court, Sangli.

Summary

The applicant Kalyani Nilesh Joshi filed a miscellaneous civil application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Marriage Petition No.186/2025 pending before the Civil Judge, Senior Division, Wai, District Satara, to the Family Court, Sangli. The respondent, Nilesh Vilas Joshi, through counsel, expressed no objection to the transfer. The Court examined the permissibility of such a transfer under Section 24 CPC and the jurisdiction of the Family Court to adjudicate marriage matters. Finding procedural propriety and the respondent’s consent, the Court allowed the application, ordering the withdrawal of the petition from the Civil Court and its transfer to the Family Court, Sangli. The applicant was directed to place a copy of the order before the Principal District Judge, Sangli, for assignment, and the miscellaneous civil application was disposed of.

Issues considered

Whether a marriage petition pending before a Civil Judge can be transferred to a Family Court under Section 24 of the Code of Civil Procedure, 1908?
Whether the Family Court has jurisdiction to adjudicate the marriage petition after transfer?

Legislation cited

Code of Civil Procedure, 1908 — s. 24

Subjects

Section 24 CPC
transfer of jurisdiction
Family Court
Civil Court
marriage petition
procedural law

Judgment

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13-MCA-9-2026 (C).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CIVIL APPELLATE JURISDICTION

MISC.CIVIL APPLICATION NO. 9 OF 2026

Kalyani Nilesh Joshi …...Applicant
VERSUS
Nilesh Vilas Joshi …...Respondent

_________________________________________________________________

Mr. C. V. Majagaonkar, for Applicant.
Ms. Vaishnavi Shelar i/b Mr. S. S. Panchpor, for Respondent.
_________________________________________________________________

CORAM : ASHWIN D. BHOBE, J.
DATE : 10th SEPTEMBER, 2026.
P.C.
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.10
20:32:01
+0530
1. Heard Mr. C. V. Majagaonkar, learned Advocate for the Applicant

and Ms. Vaishnavi Shelar, learned Advocate for the Respondent.

2. By the present Application filed under Section 24 of the Code of

Civil Procedure, 1908, the Applicant has sought the following substantial

relief:

“16(i) This Hon’ble Court be pleased to transfer the Marriage
Petition No.186/2025 pending in the file Ltd. Civil Judge
Senior Division, Wai District Satara to the file of Ld. Family
Court, Sangli for its adjudication in the matter as per Law.”

Shantanu S. Dhudum
2/2
13-MCA-9-2026 (C).DOC

3. Ms. Vaishnavi Shelar, learned Advocate for the Respondent, on

instructions from the Respondent, states that the Respondent has no

objection to grant of the present Application in terms of prayer Clause

16(i) and to transfer Marriage Petition No.186 of 2025, pending before the

Civil Judge, Senior Division, Wai, District Satara, to the Family Court,

Sangli, for adjudication.

4. In view of the fair stand taken by the Respondent, the

Application is allowed in terms of prayer Clause 16(i). Consequently,

Marriage Petition No.186 of 2025, pending before the learned Civil Judge,

Senior Division, Wai, District Satara, is withdrawn and transferred to the

Family Court, Sangli, for adjudication.

5. The Applicant shall place a copy of this order before the

Principal District Judge, Sangli, for assigning the matter to the Family

Court, Sangli.

6. Misc. Civil Application No.9 of 2026 is disposed of.

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

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