Allowed¶7

Sau. Samiksha W/O Neeraj Joshi (Kum. Samiksha D/o Sanjay Diwale) v. Shri. Neeraj S/O Shrikant Joshi

Bombay HC9 May 2025MCA/48/2025

Case brief

AI extract

What is this about?

Speaking to minutes; Stamp No.238/2025; M.C.A. No.48/2025 (D); clubbing of domestic violence proceedings with proceedings for nullity of marriage; modification/correction of order dated 18.7.2025; Dr. Sandeep Shekar Shetty v. Dr. Sarika Sandeep Shetty, 2021 SCC OnLine Bom 3441; common evidence; non-applicant appearing virtually from Canada; consent of both counsel; Bombay High Court, Nagpur Bench; Joshi, J.

What did the court decide?

Note for speaking to minutes allowed: order dated 18.7.2025 passed in M.C.A. No.48/2025 modified to direct that the domestic violence proceedings and the proceedings for nullity of marriage be clubbed together; corrected order to be uploaded after incorporating the modification. ¶7

Sau. Samiksha W/O Neeraj Joshi (Kum. Samiksha D/o Sanjay Diwale) vs Shri. Neeraj S/O Shrikant Joshi — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 18.7.2025 passed in M.C.A. No.48/2025 should be modified to incorporate the specific direction that the domestic violence proceedings and the proceedings for nullity of marriage be clubbed together.

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Court's answer

Although the citation relied upon during arguments in M.C.A. No.48/2025 (Dr. Sandeep Shekar Shetty, 2021 SCC OnLine Bom 3441) was mentioned in the order dated 18.7.2025, the specific prayer for clubbing the domestic violence proceedings with the proceedings for nullity of marriage was not considered at that time.

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Ratio / Principle

Both the proceedings - the domestic violence proceedings and the proceedings for nullity of marriage - are to be clubbed together as per the observations in this Court's order in Dr. Sandeep Shekar Shetty (supra); the order dated 18.7.2025 passed in M.C.A. No.48/2025 is modified to this extent and the corrected order is to be uploaded after incorporating the modification.

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Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Vrushali V. Joshi, J.), 13.8.2025 - Note for speaking to minutes, Stamp No.238/2025 in Misc. Civil Application (Tr.) No.48/2025 (D) (Sau. Samiksha W/o Neeraj Joshi v. Shri Neeraj S/o Shrikant Joshi). The earlier order dated 18.7.2025 had recorded the citation relied upon during arguments (Dr. Sandeep Shekar Shetty v. Dr. Sarika Sandeep Shetty, 2021 SCC OnLine Bom 3441) but had not considered the specific prayer to club the domestic violence proceedings with the proceedings for nullity of marriage. As both learned counsel consented - the evidence in both matters being the same, and the non-applicant appearing through virtual mode from Canada - the Court modified the order dated 18.7.2025 to direct that both proceedings be clubbed together as per the observations in Dr. Sandeep Shekar Shetty (supra), and directed that the corrected order be uploaded after incorporating the modification.

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1 stampno.38.2025.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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NOTE FOR SPEAKING TO MINUTES STAMP NO.238/2025 IN

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MISCELLANEOUS CIVIL APPLICATION (TR.) NO.48/2025 (D)

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(Sau. Samiksha W/o Neeraj Joshi Vs. Shri Neeraj S/o Shrikant Joshi)

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Mr. G.C. Khond, Advocate for the applicant. Mr. R.M. Tiwari, Advocate for the non-applicant.

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CORAM: MRS.VRUSHALI V. JOSHI, J. DATED: 13.8.2025.

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The non-applicant in M.C.A. No.48/2025 which was decided on 18.7.2025 has filed this note for speaking to minutes.

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Both the learned Advocates are present before the Court today.

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The learned Advocate for the applicant has stated that while arguing M.C.A. No.48/2025 he had placed reliance on the judgment in case of Dr. Sandeep Shekar Shetty V/s. Dr. Sarika Sandeep Shetty reported in 2021 SCC OnLine Bom 3441 and had requested to club the domestic violence proceedings with the proceedings for nullity of marriage.

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Learned Advocate for the non-applicant has also stated that he has no objection if both matters are clubbed together because the evidence in both the matters will be the same and the non-applicant is appearing through virtual mode from Canada and, therefore, it will be convenient for both the parties to attend the matters at a time and record the evidence.

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Heard both the learned Advocates for the parties and perused the record.

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2 stampno.38.2025.odt

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It appears that though the citation which was cited by the applicant at the time of argument is mentioned in the order dated 18.7.2025 but the specific prayer for clubbing both the matters was not considered at that time. The learned Advocate for the applicant is also present and he is also agreeable to club both the matters for the convenience of the parties. Accordingly, order dated 18.7.2025 is modified as under:-

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“Both the proceedings i.e. domestic violence proceedings and the proceedings for nullity of marriage be clubbed together as per observations in order passed by this Court in Dr. Sandeep Shekar Shetty (supra).

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Accordingly, the order dated 18.7.2025 passed in M.C.A. No.48/2025 be modified to this extent and corrected order be uploaded after incorporating the above modification.

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(MRS.VRUSHALI V.JOSHI, J.)

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Tambaskar.

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Signed by: MR. N.V. TAMBASKAR Designation: PS To Honourable Judge Date: 14/08/2025 17:12:13

Sau. Samiksha W/O Neeraj Joshi (Kum. Samiksha D/o Sanjay Diwale) v. Shri. Neeraj S/O Shrikant Joshi

Case brief

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Sau. Samiksha W/O Neeraj Joshi (Kum. Samiksha D/o Sanjay Diwale) v. Shri. Neeraj S/O Shrikant Joshi

Case brief

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