Allowed

Dr. Payal Pravin Thokal v. Dr. Pravin Chhaburao Thokal

Bombay HC12 Dec 2023IA/17775/2023

Case brief

AI extract

What is this about?

This single-bench order modifies an interim order that mistakenly transferred divorce proceedings to the District Court at Beed. The court corrected the error by ordering transfer to the Family Court at Beed, reaffirming the Family Court's exclusive jurisdiction.

What did the court decide?

The order dated 7th January, 2023 modifying transfer proceedings to the District Court at Beed is modified; proceedings are now transferred to the Family Court at Beed.

Dr. Payal Pravin Thokal Vs Dr. Pravin Chhaburao Thokal — Matrimonial and Divorce | Bombay HC (2023)

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 10. IA 17775-23 in MCA 197-22.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 17775 OF 2023
IN

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MISC. CIVIL APPLICATION NO. 197 OF 2022

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Dr. Payal Pravin Thokal ...Applicant
V/s.
Dr. Pravin Chhaburao Thokal...Respondent

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Mr. Aniruddha Lad i/b KLT Law Associates for Applicant.
Mr. Ravindra S. Pachundkar for Respondent.

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CORAM: ABHAY AHUJA, J.
DATE: 12th DECEMBER, 2023

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P.C.:

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Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date: 2023.12.13 14:41:02 +0530

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1.This is an application seeking modification of the order dated 7th

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January, 2023 on the ground that although a separate Family Court was
established at Beed with effect from 2nd October, 2020 and as such the
jurisdiction of the District Court under Section 19 of the Hindu
Marriage Act, 1955 to entertain, try and dispose of the said petition
was not vested with the Family Court at Beed, however, the Applicant
and his Advocate being oblivious of the above, had through
inadvertence sought transfer of the divorce petition from the Family
Court at Pune to the District Court at Beed instead of seeking transfer
of the said Petition to the Family Court at Beed.

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Nikita Gadgil 1/3

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 10. IA 17775-23 in MCA 197-22.doc

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2.On 7th January, 2023, the following order was passed by this
Court as the learned Advocate appearing for the Respondent, on
instructions, stated that he had no objection for transfer of proceedings
to the District Court at Beed:-

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“1. The wife has filed present Application seeking transfer of proceedings pending before learning Family Court, Pune to the District Court, Beed. Learned Advocate appearing for Respondent, on instructions, states that he has no objection for transfer of proceedings to the District Court at Beed.

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2. Hence, the Application is allowed for terms of pryer Clause-B. Prayer Clause-B reads as under;

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“(b) this Hon’ble Court be pleased to transfer the

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proceedings in the said Petition i.e. Petition bearing P.A. No. 2424 of 2021 filed by the Respondent herein against the Applicant herein, in the Hon’ble Family Court at Pune to the Hon’ble District Court at Beed, for trial and disposal thereof on merits in accordance with law”.

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3. Today, when the matter is called out, Mr. Panchundkar, learned
Counsel appears for the Respondent and submits that he had appeared
at the time of the aforesaid order, but presently he has no instruction in
the matter.

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4. Be that as it may, it is quite clear from the paragraph 4 of the interim application as well as submissions made on behalf of the Applicant that through inadvertence the Applicant sought transfer of

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Nikita Gadgil 2/3

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 10. IA 17775-23 in MCA 197-22.doc

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divorce proceedings to the District Court at Beed instead of Family
Court at Beed. It is settled law that when there is a Family Court
established, no other forum will have jurisdiction to deal with the
matter.

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5. In this view of the matter, the order dated 7th January, 2023 is
modified. Let the proceedings bearing no. P.A. No. 2424 of 2021 or any
other number that the District Court may have given to this Petition, be
transferred to the Family Court at Beed.

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6. Application is allowed in terms of the prayer Clause (c), which reads thus:-

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“ (c) this Hon’ble Court be pleased to order and direct the Hon’ble District Court at Beed to makeover/transfer the proceedings in the said Petition bearing P. A. No. 2424 of 2021, which are transferred to and receive by the Hon’ble District Court at Beed and re-numbered and registred as Misc. Civil Application No. 74 of 2023 in the Hon’ble District Court at Beed (pursuant to the said Order dated 7^th January, 2023), to the Hon’ble Family Court at Beed, for trial and disposal thereof on merits in accordance with law.”

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7. The Interim Application accordingly stands disposed.

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(ABHAY AHUJA, J.)

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Nikita Gadgil 3/3

Dr. Payal Pravin Thokal v. Dr. Pravin Chhaburao Thokal

Case brief

What is this about?

What did the court decide?

Dr. Payal Pravin Thokal v. Dr. Pravin Chhaburao Thokal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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