Kirti Sandip Tupe vs Sandeep Bahiru Tupe — Bombay HC (2026) — LawSathi Research

Kirti Sandip Tupe vs Sandeep Bahiru Tupe — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of Marriage Petition No. 402 of 2025 (the husband's restitution proceedings) from the 7th Joint Civil Judge Senior Division, Panvel, District Raigad to the Civil Judge Senior Division, Nashik within four weeks; respondent-husband permitted to appear by video conferencing, with in-person attendance whenever directed by the transferee court; liberty to both parties to approach the Mediation Centre of District Court at Nashik; consented correction recorded in the order dated 23 January, 2026 (word 'manager' replaced with 'director').

Issue for consideration

Whether the restitution petition filed by the respondent-husband, pending before the Civil Judge Senior Division, Panvel, should be transferred to the Civil Judge Senior Division, Nashik. +1 more

Court's answer

The present Miscellaneous Civil Application is allowed in terms of prayer clause (b).

Ratio / Principle

Marriage Petition No. 402 of 2025, pending before the 7th Joint Civil Judge Senior Division, Panvel, District Raigad, is to be transferred within four weeks to the Civil Judge Senior Division, Nashik.

Key takeaways

The respondent-husband is permitted to attend the Court proceedings by video conferencing before the Civil Judge Senior Division, Nashik, but must attend in person whenever necessary, as per the directions of the learned Civil Judge Senior Division, Nashik.ratio¶4
As both learned advocates stated that the parties desire to settle their matrimonial dispute amicably, liberty is granted, as prayed, to approach the Mediation Centre of District Court at Nashik.ratio¶7.1
By consent, in paragraph no.2, fourth line of the order dated 23 January, 2026, the word 'manager' is replaced with the word 'director'; the correction is to be carried out in that order and the corrected order uploaded.

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction (Rajesh S. Patil, J.), Miscellaneous Civil Application No. 467 of 2025, decided 4 February 2026: By a transfer application filed by the applicant-wife, transfer of the restitution petition instituted by her husband was sought from the Civil Judge Senior Division, Panvel to the Civil Judge Senior Division, Nashik. The respondent's counsel, on instructions, stated no objection, subject to the respondent being permitted to appear through video conferencing. On that statement, the Court allowed the application in terms of prayer clause (b) and directed that Marriage Petition No. 402 of 2025, pending before the 7th Joint Civil Judge Senior Division, Panvel, District Raigad, be transferred within four weeks to the Civil Judge Senior Division, Nashik. The respondent-husband was permitted to attend the proceedings by video conferencing, with personal attendance whenever the transferee court so directs. Directions were issued to the applicant's counsel and to Registrar (Judicial-I) to communicate the order to the Panvel court. Both parties were granted liberty to approach the Mediation Centre of the District Court at Nashik, desiring amicable settlement of the matrimonial dispute. By consent, a correction (word 'manager' replaced with 'director', paragraph no.2, 4th line) was recorded in the Court's earlier order dated 23 January, 2026, and the corrected order was to be uploaded.

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36 - MCA 467 OF 2025.doc

Digitally signed by KANCHAN KANCHANVINODMAYEKAR VINODMAYEKARDate:2026.02.06 17:26:06 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

MISCELLANEOUS CIVIL APPLICATION NO. 467 OF 2025

KIRTI SANDIP TUPE

….. APPLICANT

VERSUS

SANDEEP BAHIRU TUPE

….. RESPONDENT

Adv. Sachin S. Padaye for the Applicant.

Adv. Nagesh Khedkkar a/w. Adv. Jay Jagtap for the Respondent.

CORAM : RAJESH S. PATIL, J.

DATE : 4 FEBRUARY, 2026

P.C. :-

By the present transfer application, the applicant, wife of the respondent is seeking transfer of the restitution petition filed by the husband before the Civil Judge Senior Division, Panvel to the Civil Judge Senior Division, Nashik.

Mr.Nagesh Khedkkar, learned advocate appearing for the respondent, on instructions submits that the respondent has no objection if the present petition is allowed and the respondent is permitted to appear in the proceedings through video conferencing.

On the statement being made by the learned advocate appearing for the respondent on behalf of his client, the present

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36 - MCA 467 OF 2025.doc

Miscellaneous Civil Application is allowed in terms of prayer clause (b).

3.1) The proceedings of Marriage Petition No. 402 of 2025 pending before the 7^th Joint Civil Judge Senior Division, Panvel, District Raigad be transferred within four weeks to the Civil Judge Senior Division, Nashik.

The respondent-husband is permitted to attend the Court proceedings by video conferencing before the Civil Judge Senior Division, Nashik. However, whenever necessary, as per the directions of the learned Civil Judge Senior Division, Nashik, taking up the matter, the respondent will have to attend the proceedings in person.

Learned counsel for the applicant is hereby directed to convey the order passed today to the 7^th Joint Civil Judge Senior Division, Panvel, District Raigad who is hearing the proceedings.

Similarly, Registrar (Judicial-I) is hereby directed to communicate the order passed today to the Registrar of the Civil Judge Senior Division, Panvel, District Raigad by E-mail.

At this stage, both the learned advocates submit that they are seeking liberty from this Court to approach the Mediation Centre of District Court at Nashik as parties desire to settle their matrimonial

dispute amicably.

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36 - MCA 467 OF 2025.doc

7.1) Liberty as prayed, is granted.

1. By consent, following correction is carried out in the order dated 23 January, 2026 :-

8.1) In paragraph no.2, 4^th line of the order dated 23 January,

2026, the word ‘manager’ is replaced with the word ‘director’.

1. The aforesaid correction be carried out in the order dated

23 January, 2026 and corrected order be uploaded.

(RAJESH S. PATIL, J.)