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2026 DAILYLAW 10728 (BOM)

Dipali Suraj Jamdade v. Suraj Ramesh Jamdade

MCA/70/2026 · 2026-09-16

body2026

Judgment text

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924.mca.70.26.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO.70 OF 2026 (Dipali Suraj Jamdade Vs. Suraj Ramesh Jamdade) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. K.J. Tandale, Advocate for the applicant through V.C. CORAM:- ROHIT W. JOSHI, J. DATED :- SEPTEMBER 16, 2026. This is an application seeking transfer of Marriage Petition No.290/2024, filed by the non-applicant/husband for divorce before the Court of learned Civil judge, Senior Division, Indapur, District Pune, to the learned Family Court, Ahilyanagar. 2. The applicant/wife has filed an application for restitution of conjugal rights before the learned Family Court, Ahilyanagar, being HMP No.101/2024. Apart from this, proceedings for maintenance and under the provisions of the Protection of Women from Domestic Violence Act, 2005 are also instituted by the wife prior to the filing of the divorce petition by the husband. The non-applicant/husband, though served in April 2026, has not entered an appearance in order to oppose the transfer petition. Having regard to the fact that a petition for restitution of conjugal rights is pending before the learned Family Court, Ahilyanagar, it will be expedient to transfer 2026:BHC-AUG:42655 924.mca.70.26.odt 2 the divorce petition filed by the non-applicant/husband, so as to rule out possibility of conflicting decrees. 3. The transfer application is allowed by directing that Marriage Petition No.290/2024, pending on the file of the Civil judge, Senior Division, Indapur, District Pune, be transferred to the Family Court, Ahilyanagar. 4. The learned Principal Judge, Family Court, Ahilyanagar is requested to assign HMP No.101/2024 filed by the applicant/wife and Marriage Petition No.290/2024 filed by the non-applicant/husband to the same court. 5. In the event, the non-applicant/husband makes an application for appearance through video- conferencing, the same may be considered favorably and permission to appear through video-conferencing may be granted on such dates and at such stages as is deemed appropriate by the learned Family Court, Ahilyanagar. (ROHIT W. JOSHI, J. ) *Donge