Husband sought transfer of domestic violence proceedings from JMFC Pune to Family Court Pune where his wife had filed divorce proceedings. The court refused, noting no maintenance order subsisted in her favour, and dismissed the application as transfer would prejudice the wife in time-bound summary proceedings.
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24-mca-83-2024.doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 83 OF 2024
Ashutosh Sadanand Karmarkar
versus
Anushree Rajendra Kulkarni
…. Respondent
Mr. Prafulla Paranjape, Advocate for the Applicant.
CORAM : ARUN R. PEDNEKER, J. DATE : 30th JULY, 2024.
P.C. :
Domestic Violence proceedings filed by the respondent-wife before the Judicial Magistrate First Class, Pune to the Family Court at Pune, where the respondent-wife, has also filed divorce proceedings on the same day.
Digitally signed by SHUBHADA SHUBHADA SHANKAR SHANKAR KADAM KADAM Date: 2024.08.01 19:44:08 +0530
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24-mca-83-2024.doc
Shubhada S Kadam
the Family Court at Pune as the Family Court at Pune is competent and has jurisdiction to pass orders under the Domestic Violence Act.
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24-mca-83-2024.doc
Shubhada S Kadam
respondent-wife and this Court would not entertain an application at the instance of the husband on the spacious plea that it would be convenient for both the parties if the the matter is transferred from JMFC, Pune to the Family Court at Pune as in both the matters the evidence is common. The present applicant has been contesting the DV proceedings far seriously. The ad-interim order of maintenance is challenged by the appellanthusband before the Sessions Court, and the ad-interim order of maintenance is stayed by the Sessions Court. The respondent-wife has not appeared before the Sessions Court and has not been able to defend the proceedings before the Sessions Court, as such, she has no maintenance order in her favour for last one year. The wife has also not defended the present proceedings. In absence of conclusion of interim maintenance order, this Court would not entertain the application for transfer of the DV proceedings to the Family Court. The DV proceedings before the JMFC are summary and time bound proceedings and they have to be concluded within certain time frame, transfer of the same would cause prejudice to the respondent-wife. Thus, I do not find any reason to transfer the proceedings pending before the JMFC, Pune to the Family Court at Pune. The miscellaneous application is dismissed.
(ARUN R. PEDNEKER, J.)
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2 issues framed by the court
Whether DV proceedings before JMFC Pune should be transferred to Family Court Pune where parallel divorce proceedings are pending.
Whether the husband's convenience-based transfer application should be entertained absent any subsisting maintenance order in the wife's favour.
1 provisions across 1 enactments
Ashutosh Sadanand Karmarkar
Anushree Rajendra Kulkarni
Arun R. Pedneker
As recorded by the court registry
5 orders share this CNR
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