The High Court allowed the withdrawal of a Miscellaneous Civil Application under Section 24 CPC seeking transfer of domestic violence proceedings to Pune, with liberty to file an application under Section 407 CrPC.
Application under Section 24 CPC withdrawn, with liberty to file appropriate application under Section 407 CrPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
25-MCA-216-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
MISCELLANEOUS CIVIL APPLICATION NO. 216 OF 2023
GAYATRI CHANDRAKANT BAGDANE )...APPLICANT
V/s.
SUVARNA TULSIRAM BAGDANE)...RESPONDENT
Mr.Harekrishna Mishra a/w. Mr.V.N.Arote, Advocate for the Applicant.
Mr.Gaurav Pandey i/by Mr.Ranjit G. Jadhav, Advocate for the
Respondent.
CORAM:ABHAY AHUJA, J.
DATE:27th OCTOBER, 2023
P.C. :
1.Since this Application seeks transfer of Domestic Violence
proceedings filed under the Protection of Women from Domestic
Violence Act, 2005, by the mother-in-law of the Applicant-wife against
the Applicant-wife before the Court of Joint Civil Judge, Junior Division
and Judicial Magistrate First Class at Yeola, Nashik, to the Court of
Judicial Magistrate First Class, Pune, this Application is de-tagged from
the group of Applications which concern transfer of Domestic Violence
proceedings from the Magistrate’s Courts to the Family Courts.
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25-MCA-216-2023.doc
2.Mr.Gaurav Pandey, learned Counsel for the Respondent – mother-
in-law, seeks to file a reply in the matter. Let a copy of the reply be
served on the learned Counsel for the Applicant. Registry to accept the
reply.
3. Mr.Harekrishna Mishra, learned Counsel for the Applicant, peruses the reply and seeks some time to take instructions and requests that the matter be kept back.
LATER ON :
4.The matter is mentioned by the learned Counsel for the
Applicant, pursuant to the liberty granted by the Court and Mr.Mishra,
learned Counsel for the Applicant, on instructions, seeks to withdraw
the Application filed under Section 24 of the Code of Civil Procedure,
1908, with liberty to file an appropriate Application under Section 407
of the Code of Criminal Procedure, 1973.
5. The Application is allowed to be withdrawn with liberty as prayed for and stands disposed as withdrawn.
(ABHAY AHUJA, J.)
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1 issue framed by the court
Whether the application under Section 24 of the Code of Civil Procedure, 1908, for transfer of proceedings against Section 407 of the Code of Criminal Procedure, 1973, may be withdrawn with liberty to
2 provisions across 2 enactments
GAYATRI CHANDRAKANT BAGDANE
SUVARNA TULSIRAM BAGDANE
ABHAY AHUJA
J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court