ORDER Heard Mr. Salman Khurshid, learned senior counsel for the appellant and Mr. Dama Sheshadri Naidu, learned senior counsel for the respondent. 2. Leave granted. 3. In the present appeal, the challenge is to the interim order dated 17.11.2025 passed by the High Court of Judicature at Bombay, Nagpur Bench in Misc. Civil Application No.810 of 2025 by which, notice has been issued and stay of further proceeding has been granted in an application filed by the respondent-wife seeking transfer of the Marriage Petition No.A-617 of 2025 pending on the file of Family Court, Bandra, Mumbai to the Family Court at Nagpur. 4. Learned senior counsel for the appellant-husband submitted that earlier a divorce case being Matrimonial Suit No.933 of 2024 was instituted at the instance of the appellant in the State of West Bengal of which, transfer was sought by the respondent-wife by filing a Transfer Petition bearing T.P.(C) No.2234 of 2024 before this Court, which was disposed of by this Court vide the order dated 31.01.2025 and the case was transferred from West Bengal to Mumbai, Maharashtra, where the respondent-wife is presently residing. Thus, it was submitted by the learned senior counsel for the appellant-husband that the High Court ought not to have entertained the prayer made in Misc. Civil Application No.810 of 2025 before the High Court at the threshold itself and should have left the parties to seek appropriate directions from this Court. It was submitted that whatever action flows or any order passed would ultimately not be proper as this Court in its wisdom has taken a specific call with regard to the matter being required to be heard by the competent Court at Mumbai. 5. Learned senior counsel for the respondent submitted that the impugned order is only an Interlocutory Order in which, notice has been issued and ultimately the case may be dismissed. 6. Having considered the matter, we are in full agreement with the submission of learned senior counsel for the appellant. Once this Court had transferred the matter from West Bengal to Mumbai, Maharashtra, it was not proper for the High Court to have entertained the petition for transfer within the State of Maharashtra. Thus, the matter was required to be dismissed at the threshold leaving it open to the parties to approach this Court for any further directions. 7.
Once this Court had transferred the matter from West Bengal to Mumbai, Maharashtra, it was not proper for the High Court to have entertained the petition for transfer within the State of Maharashtra. Thus, the matter was required to be dismissed at the threshold leaving it open to the parties to approach this Court for any further directions. 7. Accordingly, on the aforesaid short point, the appeal is allowed and the impugned order is set aside. As a consequence, the Misc. Civil Application No.810 of 2025 filed by the respondent before the High Court also stands dismissed. 8. Both the parties agree that the Court may indicate that the Matrimonial Suit No.933 of 2024 be decided expeditiously. 9. Accordingly, the Court concerned is directed to dispose of the pending matter expeditiously and latest within a period of one year from today. 10. At this stage, the appellant, who was also present before the Court requested to address the Court for which, permission was granted. As the appellant has raised certain issues, we permit him to move the Court concerned where the matter is pending to explore the possibility of settlement through mediation so that all pending inter se cases are given a quietus. 11. Pending application(s), if any, shall stand disposed of.