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Bombay High Court

MEGHA YOGESH POWARversusDR. YOGESH KERBA POWAR

Disposal
Disposed Off

Holding

The No‑Cross order is quashed and set aside.

Summary

Megha Yogesh Powar filed a writ petition challenging a Family Court order dated 18‑04‑2026 that imposed a No‑Cross order against her in Marriage Petition A No.60 of 2016, filed by Dr. Yogesh Kerba Powar for dissolution of marriage. The petitioner sought to have the No‑Cross order set aside so that the dissolution proceedings could continue. The High Court, after hearing both parties, held that the No‑Cross order was unlawful and quashed it, allowing the application filed as Exhibit‑90. The court further directed that the pending marriage petition be decided within four months. The writ petition was therefore allowed.

Issues considered

  • What is the propriety of the No‑Cross order passed by the Family Court against the petitioner?
  • Whether the writ petition under Article 226 can set aside the No‑Cross order?
  • Whether the pending marriage dissolution petition should be expedited?

Subjects

  • family law
  • marriage dissolution
  • no‑cross order
  • writ petition
  • expeditious disposal

Judgment

                                                      504-WP-3673-2026 (C).doc




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

                       CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO. 3673 OF 2026

Megha Yogesh Powar                                    ...Petitioner
      Versus
Dr. Yogesh Kerba Powar                                ...Respondent

                                  …..
Adv. Rugwed R. Kinkar, for Petitioner.
Adv. Anup M. Kulkarni, for Respondent.
                                  …..


                                      CORAM : SHAILESH P. BRAHME, J.

                                      DATE     : 06th OCTOBER, 2026.

P.C. :

           The matter is taken up for final disposal with the consent of the

parties.

2.         Heard.

3.         The order dated 18.04.2026 passed by the learned Judge of the

Family Court below Exhibit-90 in Marriage Petition A No.60 of 2016 is

under challenge.

4.         The respondent has filed Marriage Petition A No.60 of 2016 for

dissolution of marriage, which is still pending before the Family Court.

An order of No-Cross was passed against the petitioner-wife, which was

sought to be set aside by filing the application at Exhibit-90. By the



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impugned order, the application is rejected.

5.         The learned counsel for the respondent has fairly submitted that

the order of No-Cross passed against the petitioner be set aside so that

the matter would proceed ahead.

6.         Both the learned counsel would request that the matter be

expedited, as it is pending since the year 2016.

7.         The writ petition is allowed. The impugned order is quashed and

set aside and the application at Exhibit-90 shall stand allowed. Marriage

Petition A No.60 of 2016 shall be decided expeditiously within a period

of four (4) months from today.

                                               [ SHAILESH P. BRAHME, J.]




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