Diana Suyash Dethe Nee Diana Paulas Ahire vs Suyash… — Matrimonial and Divorce | Bombay HC (2026)

Diana Suyash Dethe Nee Diana Paulas Ahire vs Suyash… — Matrimonial and Divorce | Bombay HC (2026)

What the court decided

AI extract

Outcome

Transfer of the pending divorce Petition No. A-2277 of 2021 from the learned Family Court, Bandra, Mumbai to the learned Family Court, Nashik within four weeks; hearing of the petition expedited; Respondent permitted to prefer an amendment application replacing 'The Special Marriage Act, 1954' with 'The Hindu Marriage Act, 1955' (Applicant-wife to be heard on merits, decision expedited); disposal of the petition endeavoured by March, 2027; all concerned to act on the authenticated copy of the order.

Issue for consideration

Whether the divorce proceedings filed by the Respondent-husband (Petition No. A-2277 of 2021) before the learned Family Court, Bandra, Mumbai should be transferred to the learned Family Court, Nashik.

Court's answer

The Miscellaneous Civil Application stands allowed in terms of prayer clause (a).

Ratio / Principle

The proceeding, being Petition No. A-2277 of 2021 pending before the learned Family Court, Bandra, Mumbai, shall be transferred to the learned Family Court, Nashik within a period of four weeks.

Key takeaways

The hearing of the said Petition is hereby expedited.ratio¶20
The Respondent is permitted to prefer an application for amendment of Petition No. A-2277 of 2021 so as to replace 'The Special Marriage Act, 1954' with 'The Hindu Marriage Act, 1955'.ratio¶21
If such amendment application is preferred, the Applicant (wife) is to be heard on merits and it can be decided expeditiously.ratio

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Rajesh S. Patil, J.; Miscellaneous Civil Application No. 52 of 2024; decided 14.01.2026. Transfer application by the Applicant-wife (Diana Suyash Dethe, nee Diana Paulas Ahire) seeking transfer of the divorce proceedings (Petition No. A-2277 of 2021) filed by the Respondent-husband (Suyash Shailendra Dethe) before the learned Family Court, Bandra, Mumbai to the learned Family Court, Nashik. Respondent consented on instructions; application allowed in terms of prayer clause (a); transfer directed within four weeks; hearing expedited; Respondent permitted to seek amendment of the petition substituting 'The Hindu Marriage Act, 1955' for 'The Special Marriage Act, 1954', with the Applicant to be heard on merits on such amendment; disposal endeavoured by March, 2027; all concerned to act on authenticated copy of the order.

MCA 52-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

MISCELLANEOUS CIVIL APPLICATION NO. 52 OF 2024

ANAND SUDHAKAR SUDAME

Diana Suyash Dethe Nee ..Applicant Diana Paulas Ahire

Versus

Digitally signed by ANAND SUDHAKAR SUDAME

Date: 2026.01.17 18:39:05 +0530

Suyash Shailendra Dethe ..Respondent Ms. Hemal Ganatra, Advocate, for the Applicant Mr. Shubham Tripathi, Advocate, for the Respondent

CORAM : RAJESH S. PATIL, J.

DATE : 14.01.2026

P. C.

By the present transfer Application, the Applicant, wife of the Respondent is seeking transfer of the divorce proceedings filed by the Respondent – husband before the learned Family Court, Bandra, Mumbai to the learned Family Court, Nashik.

Mr. Tripathi, learned Counsel for the Respondent, on instructions, has fairly stated that the Respondent has no objection, if the present proceeding is transferred to the learned Family Court, Nashik and liberty may be granted to the Respondent to amend the divorce proceeding.

In view of the statement made by Mr. Tripathi, learned Counsel for the Respondent, the Miscellaneous Civil Application stands allowed

Anand 1 of 2

MCA 52-2024.doc

in terms of prayer clause (a) .

3.1 The proceeding, being the Petition No. A-2277 of 2021 pending before the learned Family Court, Bandra, Mumbai be transferred to the learned Family Court, Nashik within a period of four weeks from today.

3.2 The hearing of the said Petition is hereby expedited.

3.3 The Respondent is permitted to prefer an Application for amendment of the Petition No. A-2277 of 2021 so as to include replace “The Hindu Marriage Act, 1955” instead of “The Special Marriage Act, 1954”. If such an Application is preferred, the Applicant – wife be heard on merits and the same can be decided expeditiously.

3.4 Once the amendment is carried out, the said Petition be heard expeditiously and an endeavour be made to dispose of the same by March, 2027.

All concerned to act on the authenticated copy of this order.

(RAJESH S. PATIL, J.)

2 of 2

Anand