Bombay High Court
VICKY KRIPALANIversusBHAWANA THADHANEY
- Decided
- Disposal
- Disposed Off
Holding
The High Court may direct the Family Court to decide a pending relocation application on its merits expeditiously.
Summary
The petitioner, Vicky Kripalani, filed a writ petition seeking a direction to the Family Court to decide his pending application for relocation of his children to the United Kingdom. The respondent, Bhawana Dilip Thadhaney, opposed the direction and asked that the Family Court decide the matter on its own merits. The High Court, after hearing counsel, found no impediment to granting the direction. It allowed the petition and ordered the Family Court to decide the relocation application on its merits as expeditiously as possible. No substantive discussion of merits was provided, as the order was limited to procedural direction.
Issues considered
- Whether the High Court can direct the Family Court to decide a pending application for relocation of children to a foreign country on its merits
Subjects
- relocation of children
- family law
- jurisdiction
- writ petition
- child custody
- international relocation
Judgment
5-WP-8164-2026 (C).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8164 OF 2026
Vicky Kripalani ...Petitioner/s
Versus
Bhawana Dilip Thadhaney ...Respondent/s
_________________________________________________________________
Mr. Abhijeet Sarwate along with Mr. Vinayak Pandit and Ms.Teena Kapoor
i/b. Mr. Ajinkya Udane, Advocate for Petitioner.
Ms. Bhawana Thadhaney, Respondent in person present.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 7th SEPTEMBER, 2026.
P.C. :
1. By way of this petition, the petitioner seeks a direction to the
Family Court to decide the application filed by him for relocation of
children to the United Kingdom.
2. Respondent party-in-person, submits that direction be given to
decide the said application on its own merits.
3. I have heard both learned counsel. The petitioner's application
for relocation of children to the United Kingdom, which is pending before
the Family Court was filed on 4th October 2024.
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5-WP-8164-2026 (C).doc
Shubhada S Kadam
4. In view of the above, I pass following order:
ORDER
1. The petition is allowed.
2. Learned Judge, Family Court, is directed to decide the
petitioner's application for relocation of children to the United
Kingdom, on its own merits as expeditiously as possible.
(SHIVKUMAR DIGE, J.)
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