Bombay High Court
PRIYANKA SAMEER NIKAMversusSAMEER VISHWAS NIKAM
- Decided
- Disposal
- Disposed Off
Holding
The stay order is quashed and the divorce petition shall proceed, as both matters can be adjudicated together before the same Family Court.
Summary
The respondent filed a petition for restitution of conjugal rights in the Family Court, Nashik in 2020, which was later transferred to the Family Court, Bandra. The petitioner filed a divorce petition in 2023, after the respondent's petition, and the Family Court, Bandra, stayed the divorce proceedings on the ground that it was filed more than three years after the respondent's petition without a counter‑claim. The petitioner challenged the stay by filing a writ petition before the High Court of Bombay. The High Court observed that both the restitution and divorce petitions now lie before the same Family Court and can be decided simultaneously. Consequently, the Court quashed the stay order and directed that the divorce petition proceed in accordance with law. The writ petition was allowed and disposed of.
Issues considered
- Whether the stay of the divorce petition by the Family Court, Bandra, was valid.
- Whether the restitution of conjugal rights petition and the divorce petition can be decided simultaneously after transfer.
Subjects
- divorce
- restitution of conjugal rights
- family court
- transfer of petition
- stay order
- writ petition
- High Court
Judgment
69-WP-4919-2024 (C).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4919 OF 2024
Priyanka Sameer Nikam ...Petitioner/s
Versus
Sameer Vishwas Nikam ...Respondent/s
_________________________________________________________________
Mr. Akash Thakur, Advocate for Petitioner.
None for Respondent.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 11th SEPTEMBER, 2026.
P.C. :
1. The challenge in this petition is to the impugned order dated
17th August 2023 passed in A-464 of 2023 by the Family Court, Bandra,
whereby the divorce proceeding filed by the petitioner is stayed.
2. It is contention of learned counsel for the petitioner that the
respondent-husband had filed a petition for restitution of conjugal rights
before the Family Court, Nashik, in the year 2020. Thereafter the
petitioner filed a divorce petition in the year 2023. This Court has
transferred the petition filed by the respondent-husband at Family Court,
Nashik, to the Family Court, Bandra, Mumbai. Now both petitions are
pending before the Family Court, Bandra, but the learned Judge stayed the
Digitally
signed by
SHUBHADA
SHUBHADA SHANKAR
SHANKAR KADAM
proceedings filed by the petitioner, hence, the said order be quashed and
KADAM Date:
2026.09.12
15:40:28
+0530
set aside, and requested to allow the petition.
Page 1 of 2
69-WP-4919-2024 (C).doc
Shubhada S Kadam
3. Though the respondent is served, none is present for the
respondent. Hence, I am deciding this petition on merits.
4. Admittedly, the petition pending before the Family Court,
Nashik, has been transferred to the Family Court, Bandra, where the
petitioner's divorce petition is also pending. The learned Judge stayed the
proceedings of the petition filed by the petitioner on the ground that the
divorce petition was filed after three years of the petition filed by the
respondent husband, without filing a counter-claim.
5. In my view, as both petitions are now pending before the
Family Court, Bandra, Mumbai, both petitions can be decided
simultaneously. Hence, I pass the following order.
ORDER
1. The petition is allowed.
2. The impugned order dated 17th August 2023 passed in A-464
of 2023 by the Family Court, Bandra, Mumbai, is quashed and
set aside.
3. The divorce petition filed by the petitioner shall be proceeded
with as per the provisions of law.
The writ petition is disposed of in above terms.
(SHIVKUMAR DIGE, J.)
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