Manisha W/O Ajay Daberao vs Ajay S/O Subhash Daberao — Domestic Violence | Bombay HC (2026)

Manisha W/O Ajay Daberao vs Ajay S/O Subhash Daberao — Domestic Violence | Bombay HC (2026)

What the court decided

AI extract

Outcome

Transfer of Hindu Marriage Petition No.A693/2025 from Family Court, Nagpur to Family Court, Akola; request to Family Court, Akola to list E-Petition No.11/2025 and the transferred petition on the same day if possible; favourable consideration of any respondent/husband application to appear through video-conferencing; no order as to costs.

Issue for consideration

Whether Hindu Marriage Petition No.A-693/2025 pending before the Family Court at Nagpur should be transferred to the Family Court at Akola, where the applicant-wife's domestic violence proceeding (E-Petition No.11/2025) is already pending.

Court's answer

Hindu Marriage Petition No.A693/2025 is ordered to be transferred from the file of the learned Family Court, Nagpur to the file of the learned Family Court, Akola.

Ratio / Principle

The learned Family Court, Akola is requested to fix E-Petition No.11/2025 and Hindu Marriage Petition No.A693/2025 on the same day, if possible.

Key takeaways

If the respondent/husband applies to appear through video-conferencing, such application may be considered favourably and permission granted on dates and at stages deemed appropriate by the learned Family Court.ratio¶22

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Rohit W. Joshi, J.), allowed the wife's Misc. Civil Application No.63/2026 and ordered transfer of the husband's Hindu Marriage Petition No.A-693/2025 (divorce petition) from the Family Court, Nagpur to the Family Court, Akola, where the wife's domestic violence proceeding, E-Petition No.11/2025 under the Protection of Women from Domestic Violence Act, 2005 (filed 04/01/2025, about six months before the divorce petition), was already pending. Grounds: the wife resides with her aged mother and faces financial constraints, while the husband must travel to Akola for the domestic violence proceeding in any event. The husband, though served (office-note dated 27/02/2026), appeared neither to contest nor to present his version. The Family Court, Akola was requested to list both matters on the same day if possible, and to favourably consider any application by the husband to appear through video-conferencing. No order as to costs.

MCA 63 of 2026.odt

2026:BHC-NAG:6253

1

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

MISC. CIVIL APPLICATION NO.63/2026

Manisha w/o Ajay Daberao

...Versus…

Ajay S/o Subhash Daberao

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

Mrs. Sonali Saware-Gadhawe, Advocate for applicant

CORAM : ROHIT W. JOSHI, J. DATE : 21/04/2026

Office-note, dated 27/02/2026 shows that the respondent is served. However, there is no appearance on his behalf.

By the present application, the applicant/wife seeks transfer of Hindu Marriage Petition No.A-693/2025 from the file of learned Family Court at Nagpur to the Family Court at Akola.

It is stated in the application that the proceeding under the Protection of Women from Domestic Violence Act, 2005 bearing E-Petition No.11/2025 was filed before the Family Court at Akola and is pending before the said Court. Learned Advocate for the applicant makes a statement that the said domestic violence proceeding was filed on 04/01/2025 i.e. around six months prior to filing of the petition for divorce filed by the husband at Nagpur.

MCA 63 of 2026.odt

2

The husband will have to travel to Akola in order to contest the domestic violence proceeding. The wife has expressed difficulties in attending the Court case at Nagpur, since she is residing with her aged mother and also because of financial constraints.

The husband, though served, has not appeared to dispute the contentions or to put across his version.

In view of above, Hindu Marriage Petition No.A693/2025 is order to be transferred from the file of learned Family Court, Nagpur to the file of learned Family Court, Akola.

The learned Family Court, Akola is requested to fix E-Petition No.11/2025 and Hindu Marriage Petition No.A693/2025 on the same day, if possible.

In the event the respondent/husband makes an application for appearance through Video-Conferencing, the same may be considered favourably and permission to appear through Video-Conferencing may be granted on such dates and at such stages as is deemed appropriate by the learned Family Court.

Misc. Civil Application is allowed and disposed of accordingly. No order as to costs.

(ROHIT W. JOSHI, J.)

Wadkar

Signed by: S.S. Wadkar (SSW) Designation: PS To Honourable Judge Date: 22/04/2026 20:41:07