Allowed

Rahul S/O Arun Rahate v. Ankita W/O Rahul Rahate

Bombay HC15 Mar 2024MCA/252/2024

Case brief

AI extract

What is this about?

Husband sought transfer of a domestic violence application from the Additional Chief Judicial Magistrate, Nagpur to Family Court No.2, Nagpur, where his divorce petition was pending. Following an earlier decision of the Court, the transfer was allowed with directions to club both matters and dispose of them within six months.

What did the court decide?

D.V. Act proceeding withdrawn from ACJM Nagpur and transferred to Family Court No.2, Nagpur, to be clubbed with Hindu Marriage Petition No.642/2023 and decided within six months.

Rahul S/O Arun Rahate vs Ankita W/O Rahul Rahate — Domestic Violence | Bombay HC (2024)

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2024:BHC-NAG:7867

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-1- 21.MCA.252.2024.odt

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

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MISC. CIVIL APPLICATION (TR.) NO. 252 OF 2024

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Rahul S/o. Arun Rahate

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Vs.

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Ankita W/o. Rahul Rahate

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

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********************************************************************************************** Ms. Jyoti D. Dharmadhikari, Advocate for the Applicant. Mr. M.P. Suryawanshi, Advocate for the Non-applicant.

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CORAM : G. A. SANAP, J. DATED : 19th JULY, 2024.

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. Heard learned advocate for the applicant and learned advocate for the non-applicant. Perused the record and proceedings.

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This application has been made by the applicant seeking transfer of Criminal Miscellaneous Application No.4537/2022, filed under the provisions of the Protection of Women from Domestic Violence Act, 2005 (for short, “the D.V. Act”), pending on the file of Additional Chief Judicial Magistrate, Nagpur, to Family Court No.2, Nagpur, where the petition for divorce, filed by the applicant/husband, is pending.

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Learned advocate for the non-applicant submits that the prayer for transfer may be granted. Learned advocate further submits that the learned Judge of the Family Court, on transfer, may be requested to dispose of both the cases expeditiously and in any case within a period of six months.

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-2- 21.MCA.252.2024.odt

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As far as the issue of the jurisdiction of the Family Court to try the D.V. Act proceeding is concerned, it has been held by this Court in Criminal Application [APPLN] No.19/2024 [Nachiket S/o. Rajendra Deshpande & Ors. Vs. Smt. Pradnya W/o. Nachiket Deshpande @ Ms. Pradnya D/o. Purushottam Bhulgaonkar, decided on 24.06.2024] . In view of this, I proceed to pass the following order:

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ORDER

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i] The Application is allowed .

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ii] The proceeding of Cri. Misc. Application No.4537/2022 (Sau. Ankita Rahul Rahate Vs. Shri Rahul Arun Rahate and anr.) be withdrawn from the Court of Additional Chief Judicial Magistrate, Nagpur, and transferred to Family Court No.2, Nagpur.

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iii] The Principal District and Sessions Judge, Nagpur shall withdraw the said proceeding from the file of Additional Chief Judicial Magistrate, Nagpur, and transfer it to the file of Principle Judge, Family Court, Nagpur.

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iv] The Principal Judge, Family Court, Nagpur, on receipt of the proceeding, shall make over it to Family Court No.2, Nagpur.

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v] The D.V. Act proceeding, on transfer, be clubbed with Hindu Marriage Petition No.642/2023.

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vi] Learned Judge, Family Court No.2, Nagpur, shall dispose of both the proceedings expeditiously and in any case within a period of six months.

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-3- 21.MCA.252.2024.odt

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vii] The application for interim maintenance made in the D.V. Act proceeding shall be decided within a period of three weeks from the date of the transfer of the proceeding.

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viii] The Application stands disposed of in the aforesaid terms. No order as to costs.

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Vijay

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Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 23/07/2024 19:02:54

Rahul S/O Arun Rahate v. Ankita W/O Rahul Rahate

Case brief

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Rahul S/O Arun Rahate v. Ankita W/O Rahul Rahate

Case brief

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