Allowed

Abhilash S/O Sudhakar Moon and Other v. Shweta W/O Abhilash Moon

Bombay HC3 Nov 2023MCA/727/2023

Case brief

AI extract

What is this about?

The High Court allowed an application for transfer of a Protection of Women from Domestic Violence Act matter to the Family Court to ensure recording of common evidence in related pending matrimonial proceedings.

What did the court decide?

Proceedings under MCA No. 821/2020 were withdrawn from the Joint Chief Judicial Magistrate and transferred to Family Court No. 4, Nagpur, with direction to record common evidence. The application was

Abhilash S/O Sudhakar Moon and Other Vs Shweta W/O… — Matrimonial and Divorce | Bombay HC (2023)

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2023:BHC-NAG:16239

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925-MCA 727-23.odt

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

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MISC. CIVIL APPLICATION (TR.) NO. 727 OF 2023

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ABHILASH S/O. SUDHAKAR MOON AND ANR.

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...VERSUS…

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SHWETA W/O. ABHILASH MOON

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

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Dr. C.C.Anthony, Advocate for applicants.

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CORAM : SMT. M. S. JAWALKAR,J.

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DATE : 03rd NOVEMBER , 2023

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In spite of service, none for the non-applicant.

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The present application is filed by the applicants for transfer of proceedings under P.W.D.V. Act.

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It is submitted that the applicant no. 1 is husband of the non-applicant wife. The marriage between them was performed on 30/11/2017. The non-applicant left the company of the applicant no. 1 on 31/10/2018 for no fault on the part of applicant no. 1 and thereby deserting him, she lodged a false complaint with the Police Station, Sadar. In view of the extreme relation between the applicant no. 1 and non-applicant, the applicant no. 1 instituted a Petition for Divorce bearing No. A-117/2019 before learned Judge, Family Court-4, Nagpur.

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The non-applicant remained absent in proceedings of Divorce Petition. Thereafter, the non-applicant instituted a false case/ proceedings bearing M.C.A. No. 821/2020 under Section 12 of P.W.D.V. Act. The non-applicant has also filed petition for

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925-MCA 727-23.odt

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Restitution of Conjugal Rights bearing Petition No. A-65/2020 which is also pending before learned Family Court No. 4, Nagpur. Further, the non-applicant also filed application under Section 24 for grant of maintenance pendente-lite before learned Judge, Family Court No. 4, Nagpur and also filed an application for grant of maintenance under Section 125 of Cr.P.C. bearing No. E-536/2021. All these proceedings are pending before learned Judge, Family Court No. 4, Nagpur. In view thereof, the learned counsel for the applicants seeks transfer of proceedings bearing MCA No. 821/2020 pending before learned 16^th Jt.C.J.S.D., & A.C.J.M., Nagpur to learned Family Court No. 4, Nagpur.

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In view of the pending proceedings before learned Judge, Family Court No. 4, Nagpur, it would be appropriate in the interest of justice and to record the common evidence, to transfer the proceedings pending on the file of learned 16^th C.J.S.D. & ACJM, Nagpur to learned Family Court No. 4, Nagpur. Accordingly, I proceed to pass the following order:-

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ORDER

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(1) The application is allowed.

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(2) The proceedings bearing MCA No. 821/2020 dated 24/02/2020 pending on the file of learned 16^th Jt. C.J.S.D. and ACJM, Nagpur is hereby withdrawn and transferred to the learned Judge, Family Court No. 4, Nagpur.

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(3) The learned Principal District and Sessions Judge, Nagpur is hereby requested to facilitate the said transfer.

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925-MCA 727-23.odt

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(4) After transfer of matter, the learned Judge, Family Court No. 4, Nagpur is hereby directed to record the common evidence in all the matrimonial proceedings pending before it.

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(5) Accordingly, the application stands disposed of.

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(Smt. M.S. Jawalkar, J.)

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B.T.Khapekar

Abhilash S/O Sudhakar Moon and Other v. Shweta W/O Abhilash Moon

Case brief

What is this about?

What did the court decide?

Abhilash S/O Sudhakar Moon and Other v. Shweta W/O Abhilash Moon

Case brief

What is this about?

What did the court decide?

What the court decided

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