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Kajal Ashok Pawar vs Jayesh Sandeep Potnis — Bombay HC (2025) — LawSathi Research

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Bombay HC
2025
Kajal Ashok Pawar vs Jayesh Sandeep PotnisKajal Ashok Pawar v. Jayesh Sandeep Potnis

Allowed¶18

Kajal Ashok Pawar v. Jayesh Sandeep Potnis

Bombay HC19 Sept 2025MCA/380/2025

Case brief

AI extract

What is this about?

Transfer of matrimonial/divorce petition; Marriage Petition No.599 of 2024 moved from Kalyan (Dist. Thane) to Family Court, Bandra, Mumbai; Miscellaneous Civil Application No.380 of 2025; Bombay High Court; Rajesh S. Patil, J.; decided 19-09-2025; consent disposal by counsel on instructions; CJSD Kalyan transfer within four weeks; expedited hearing; interim maintenance Rs.3000 per month payable 15th-20th monthly from October 2025 until interim maintenance application decided; payments adjustable against maintenance granted; Bank of Maharashtra Kalina Branch account (A/c No.60484726363, IFSC MAH80001767; holders Jiya Jayesh Potnis and Kajal Ashok Pawar); referral to Mediation Centre, High Court, Bombay; parties aged 24 and 28 with 2-year-old daughter; wife residing at Kalina with child; domestic violence proceeding before JMFC 71st Court, Bandra; advocates Jindagi Shah (applicant), Sagar Tambe with Shivram Gawade (respondent).

What did the court decide?

Transfer application allowed in terms of prayer clause (a): CJSD, Kalyan (Dist. Thane) to transfer Marriage Petition No.599 of 2024 to Family Court, Bandra, Mumbai within four weeks, with expedited hearing thereafter; husband to pay Rs.3,000/- per month interim maintenance to applicant-wife's bank account (adjustable against maintenance); dispute referred to Mediation Centre, High Court, Bombay. ¶18

Why is it important?

Basis of disposal: after partial hearing, counsel for both sides, on instructions of their clients, fairly agreed that the miscellaneous civil application could be allowed. ¶13

What the court decided

AI extract

Outcome

Transfer application allowed in terms of prayer clause (a): CJSD, Kalyan (Dist. Thane) to transfer Marriage Petition No.599 of 2024 to Family Court, Bandra, Mumbai within four weeks, with expedited hearing thereafter; husband to pay Rs.3,000/- per month interim maintenance to applicant-wife's bank account (adjustable against maintenance); dispute referred to Mediation Centre, High Court, Bombay.

Issue for consideration

Whether the marriage petition (divorce) No.599 of 2024 filed by the husband and pending at Kalyan, District Thane should be transferred to the Family Court at Bandra.

Court's answer

Basis of disposal: after partial hearing, counsel for both sides, on instructions of their clients, fairly agreed that the miscellaneous civil application could be allowed.

Ratio / Principle

The transfer application is allowed in terms of prayer clause (a).

Key takeaways

The CJSD at Kalyan, District Thane is directed to transfer the proceeding of Marriage Petition No.599 of 2024 to the Family Court at Bandra, Mumbai, within four weeks.ratio¶19
On transfer of Marriage Petition No.599 of 2024, its hearing is directed to be expedited.ratio¶20
Without prejudice to rights and contentions, the respondent-husband agreed to pay Rs.3,000/- per month towards interim maintenance into the bank account of the applicant-wife, payable monthly between the 15th and 20th day starting October 2025 until the interim maintenance application in Marriage Petition No.599 of 2024 is decided.

Detailed headnote1 paragraphs

Bombay High Court (Rajesh S. Patil, J.), Miscellaneous Civil Application No.380 of 2025, decided 19 September 2025: Transfer application filed by the wife (Kajal Ashok Pawar) to shift the husband's (Jayesh Sandeep Potnis) divorce proceeding, Marriage Petition No.599 of 2024, from Kalyan, District Thane to the Family Court, Bandra, was allowed by consent in terms of prayer clause (a). The CJSD at Kalyan was directed to transfer the proceeding within four weeks, with the hearing thereafter expedited. Without prejudice, the husband agreed to pay Rs.3,000/- per month interim maintenance into the wife's Bank of Maharashtra account (jointly held with the daughter, Jiya Jayesh Potnis), payable between the 15th and 20th of each month from October 2025 until the interim maintenance application is decided, such payments adjustable against maintenance granted by the Family Court. The parties (aged 24 and 28, with a 2-year-old daughter) were referred to the Mediation Centre of the High Court, Bombay. Background: wife resides with the 2-year-old daughter at Kalina, Mumbai, and has a domestic violence proceeding pending before JMFC, 71st Court, Bandra.

A

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901_MCA380_25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

MISCELLANEOUS CIVIL APPLICATION NO.380 OF 2025

Kajal Ashok Pawar … Applicant vs. Jayesh Sandeep Potnis … Respondent

Ms. Jindagi Shah for Applicant.

Mr. Sagar Tambe a/w. Mr. Shivram Gawade for Respondent.

CORAM : RAJESH S. PATIL, J. DATE : 19^th SEPTEMBER, 2025

P.C. :-

This is a transfer application filed by the wife, seeking transfer of marriage petition (divorce) filed by the husband at Kalyan, District Thane, to Family Court at Bandra.

The wife is staying alongwith 2 years old daughter at Kalina, Mumbai. Domestic violence proceeding has been filed by the wife in the Court of JMFC, 71^st Court at Bandra.

After the matter was heard for some time, both the counsel, on instructions of their clients, fairly agreed that the present miscellaneous civil application can be allowed.

PRIYAKAMBLI Digitally signedby PRIYAKAMBLIDate:2025.09.2310:41:51+0530

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901_MCA380_25.doc

Accordingly, the application is allowed in terms of prayer clause (a).

The CJSD at Kalyan, District Thane shall transfer the proceeding of Marriage Petition No.599 of 2024 to Family Court at Bandra, Mumbai, within a period of four weeks from today.

On the transfer of Marriage Petition No.599 of 2024, the hearing of the same is directed to be expedited.

Without prejudice to the rights and contentions of both the parties, the husband has fairly agreed to pay a sum of 3,000/- per₹ month in the bank account of the applicant-wife towards interim maintenance. Bank account details are as follows:-

A/c No.60484726363

IFSC Code - MAH80001767

Bank Name - Bank of Maharashtra, Kalina Branch, Santacruz (E) A/c Holders - Jiya Jayesh Potnis and Kajal Ashok Pawar

The said amount would be paid every month between 15^th day

to 20^th day, starting from October 2025 till the interim application for maintenance filed by the wife, is decided in Marriage Petition No.599

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901_MCA380_25.doc

PPK

of 2024. Such amount paid by the respondent-husband would ultimately be adjusted in the maintenance amount, which shall be granted by Family Court in the interim application for maintenance.

The learned counsel for both the sides, on instructions, also agree that the parties are barely aged 24 years and 28 years. From their wedlock, they have a daughter aged 2 years. In order to amicably settle their disputes, the matter can be referred to mediation.

Hence, the dispute between the parties is referred to the Mediation Centre of High Court, Bombay. The parties are at liberty to contact the mediation office of High Court, Bombay.

[RAJESH S. PATIL, J.]

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the marriage petition (divorce) No.599 of 2024 filed by the husband and pending at Kalyan, District Thane should be transferred to the Family Court at Bandra.¶11
The court held
Basis of disposal: after partial hearing, counsel for both sides, on instructions of their clients, fairly agreed that the miscellaneous civil application could be allowed.ratio¶13

Procedural history

How this case reached the court

AI extract

Prior proceeding
Husband filed a marriage petition (divorce), i.e. Marriage Petition No.599 of 2024, pending at Kalyan, District Thane; wife seeks its transfer to Family Court, Bandra.¶11
Prior proceeding
Wife resides with 2-year-old daughter at Kalina, Mumbai, and has filed a domestic violence proceeding before JMFC, 71st Court, Bandra.¶12

Parties & counsel

AI extract

applicant
Kajal Ashok Pawar¶6
Jindagi Shah
respondent
Jayesh Sandeep Potnis¶6
Sagar Tambe, Shivram Gawade

Coram

AI extract

RAJESH S. PATILauthor¶9

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 19 Sept 2025 · September
Registered: 10 Sept 2025
Case no.: MCA/380/2025
CNR: HCBM010422382025
Bench: Rajesh S. Patil
Disposal: Disposed Off
Case type: MISCELLANEOUS CIVIL APPLICATION

All orders in this case

3 orders share this CNR

17 Sept 2025Order 1 · Rajesh S. Patil
19 Sept 2025Order 2 — this page · Rajesh S. Patil
13 Mar 2026Order 3 · Rajesh S. Patil

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Cite this judgement

Kajal Ashok Pawar v. Jayesh Sandeep Potnis, MCA/380/2025 (BOM), decided on 19 September 2025.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history2

Husband filed a marriage petition (divorce), i.e. Marriage Petition No.599 of 2024, pending at Kalyan, District Thane; wife seeks its transfer to Family Court, Bandra.
Wife resides with 2-year-old daughter at Kalina, Mumbai, and has filed a domestic violence proceeding before JMFC, 71st Court, Bandra.

View full history

Bench / Coram

RAJESH S. PATIL

Parties & counsel

ratio¶21

View all holdings →