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 proceedings filed by the petitioner, hence, the said order be quashed and set aside, and requested to allow the petition. SHUBHADA SHANKAR KADAM Digitally signed by SHUBHADA SHANKAR KADAM Date: 2026.09.12 15:40:28 +0530 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. O R D E R 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.)